GENERAL TERMS AND CONDITIONS

for concluding purchase contracts in the online shop on the servers ......

I. Introductory provisions

These General Terms and Conditions, hereinafter referred to as "GTC", regulate the rights and obligations of the parties to the purchase contract concluded remotely via the Alexim e-shop server and all listed shops between the seller, Alexim spol. s r.o., a company registered in the Commercial Register maintained by the Municipal Court in Prague, and the buyer. The owner of the server e-shop Alexim: ALEXIM spol. s r.o., ID:45276099, with registered office at Václavkova 176/2, Prague 6.
The Seller is doing business on the basis of a trade license issued on 6.5.1992 by the Municipal District of Prague 6, place of business (address of the Seller's establishment) Václavkova 176/2, Prague 6.
The rights and obligations of the parties to the Purchase Agreement are governed by the legal regulation of the Purchase Agreement pursuant to the provisions of § 588 et seq. in conjunction with § 612 et seq. of Act No. 40/1964 Coll., the Civil Code, as amended, hereinafter referred to as the "Civil Code".
If the purchaser is a consumer, i.e. a person who does not act within the scope of his/her business activity when concluding and fulfilling obligations under the purchase contract, the rights and obligations of the parties to the purchase contract shall also be governed by Sections 52 et seq. of the Civil Code.
If the buyer is a person who is an entrepreneur and at the conclusion of the purchase contract it is obvious, taking into account all the circumstances, that the purchase contract relates to his/her business activity, the rights and obligations of the parties to the purchase contract are governed by Sections 409 et seq. of Act No. 513/1991 Coll., Commercial Code, as amended, hereinafter referred to as the "Commercial Code". In such a case, the rights and obligations of the parties to the purchase contract shall be governed only by those provisions of these GTC that do not contradict the legal regulation of the purchase contract under the Commercial Code.
A consumer can only be a person (natural person) who concludes a contract with an entrepreneur outside the scope of his/her business activity or outside the scope of his/her independent exercise of his/her profession.The indication of a person's identification number (ID number), tax identification number (TIN), place of business as a billing address on the order or in the contract indicates to the seller that he/she is not dealing with a consumer, but with an entrepreneur.The consumer protection does not apply in principle to relations between two entrepreneurs.
Consumer protection cannot be applied between entrepreneurs ( for goods purchased on an ID) when goods are sold in a shop. A product purchased by a business from a business is not covered by the traditional 24-month warranty.This does not mean that the seller is not liable for defects. By law, the seller is only liable for defects that the goods have at the time of receipt, even if they do not become apparent until after receipt. Unlike a consumer, a business buyer is obliged to inspect the goods without delay and to point out any defects that can be detected by the inspection without undue delay.The 30-day period provided for in the Consumer Protection Act does not apply here. If the buyer provides his/her business identification number in the order, the business buyer is thereby deprived of the protection afforded to consumers by the Act. Generally, a business has no right to withdraw from a contract concluded via the internet within 14 days of receipt of the goods.
Purchase contracts concluded at a distance are concluded without the physical presence of the parties to the purchase contract by electronic means, by sending an order for goods published in the seller's offer on the Alexim e-shop server (hereinafter referred to as the "server") by the buyer and confirming receipt of the order by the seller.
By the Purchase Agreement, the Seller undertakes to procure and deliver to the Buyer the goods specified in the Order and the Buyer undertakes to accept such goods and to pay to the Seller the purchase price published on the Server for such goods in the manner and under the terms and conditions hereinafter set forth in these GTC.
All goods offered by the Seller are marked with the name, if possible with the basic technical parameters and characteristics of the goods, as well as the price per item of goods including VAT at 21%. For each type of goods, the Seller may indicate whether or not they are in stock with the Seller. For each type of goods, the seller shall also indicate the commercial discount, if any, and the percentage thereof.
If a commercial discount is indicated on the goods, the price including the commercial discount shall apply. A commercial discount is not a discount given because of defects or wear and tear of the goods and is not subject to the provisions on liability for defects in Article IV of these GSP.
The goods are sent to the buyer via the carrier chosen in advance, throughout the Czech and Slovak Republics, unless otherwise agreed.
Connection to the server, viewing the offered goods, as well as registration of a new customer, ordering goods and other actions of the buyer performed remotely are not charged.
The offer of goods published on the server and its price, including any commercial discount, is valid for the entire period of publication.

II. Conclusion of the purchase contract and delivery of the goods

A. Ordering the Goods

A buyer who is interested in buying goods from the seller, whose offer is published on the server, fills in an electronic order and sends it electronically to the seller.
The order is a draft purchase contract, the subject of which is the goods specified in the order. For the purposes of the purchase contract, the valid offer of goods including the purchase price published on the server at the time of sending the order by the buyer. The purchase price means the price marked on the server as "your price", which is further reduced by any commercial discount, if any, provided at the time of placing the order.
By submitting an order, the Buyer confirms that he/she has read these GSP and agrees to them in full. The Buyer is bound by these GSPs at the time of placing the order.
After receipt of the order, the Seller will send the Buyer an electronic response confirming receipt of the order. The purchase contract is concluded at the moment when the Buyer receives the Seller's confirmation of receipt of the Buyer's order.
After receipt of the order, the Seller is obliged to procure and deliver the ordered goods to the Buyer within a reasonable time based on the state of the goods in stock (see Article II(B)(2) of these GTC).
The Buyer is entitled to cancel the order by sending an e-mail to the Seller's address indicated on the relevant server. Cancellation of an order is considered a withdrawal from the contract and is effective if it is received by the Seller before the Seller has handed over the goods to the Buyer for shipment. The effective cancellation of the order shall terminate the purchase contract and the parties shall be obliged to reimburse each other for the benefits provided. Otherwise, the purchase contract may be cancelled exclusively by registered mail.
If the Seller fails to procure the goods and deliver them to the Buyer within three months of the conclusion of the Purchase Agreement, the Buyer's order shall terminate without further delay. Upon termination of the order, the purchase contract shall be terminated and the parties shall be obliged to return the services provided to each other.

B. delivery of the goods, transfer of title and risk of damage to the goods

The Seller is obliged to deliver the Goods to the Buyer by sending them by post or by carrier to the address specified by the Buyer in the Order.
The Buyer is obliged to choose the appropriate transport from the choice offered in the "Transport" section of the "How to buy" instructions included in these GTC. The conditions and prices of transport are subject to the terms and conditions and price lists of the respective carriers (PPL, DPD, etc.)
The Seller shall hand over the goods it has in stock for transport within three working days from the date of receipt of the order. If the Seller does not have the goods in stock, the Seller shall hand over the goods for transport no later than three working days from the date of their receipt from the manufacturer or other supplier.
The buyer is obliged to take delivery of the ordered goods, unless he has validly and effectively withdrawn from the contract before taking delivery. If the buyer does not take over the goods even after the call of the seller and does not withdraw from the contract even within 7 days from the date of sending such a call by the seller in the form of a registered letter (inaction of the buyer), or that the buyer refuses to take over the goods for reasons on his side or without stating reasons, the obligation of the seller to hand over the goods to the buyer ceases, the purchase contract is cancelled from the beginning, unless otherwise agreed. In such a case, the Seller shall be entitled to compensation for the costs incurred in connection with the cancelled purchase contract in the amount proven and the Buyer shall be obliged to pay them to the Seller on the basis of an invoice issued by the Seller and delivered by registered mail. Otherwise, the costs associated with the delivery of the goods will be unilaterally set off against the purchase price paid and the remainder will be refunded to the buyer.
If the goods are transported by a carrier who does not reach the buyer at the designated address, the carrier is authorized to transfer the goods to another adult who is located at the designated address and is willing to accept the goods, pay the purchase price for them and deliver them to the buyer. If the carrier does not reach anyone at the designated address, even though a delivery date has been previously agreed with the buyer, the carrier shall leave a written notice at the location of the date and place of deposit, the date on which the buyer may pick up the goods, and a telephone number where the buyer may arrange a time and method for picking up the goods. In this case, the buyer is obliged to reimburse the seller for the costs associated with the re-delivery of the goods and their possible storage with the carrier.
With the termination of the seller's obligation to hand over the goods to the buyer, the purchase contract shall terminate and the parties shall be obliged to return the benefits provided to each other in accordance with the conditions set out above.
The Buyer shall pay the purchase price and any freight charges to the person who delivers the goods if the goods are delivered by a carrier.
The Buyer is entitled to pay the purchase price by a payment order before handing over the goods to the Buyer, to the Seller's account No.: 370340-061/0100, kept at KB Praha 6. The Buyer is obliged to indicate the variable symbol, which is his order number. If the goods are delivered by post or by carrier, the buyer is obliged to pay, together with the purchase price of the goods in advance, the packing or shipping costs, if in a particular case the seller is entitled.
Ownership of the goods, as well as the risk of damage to the goods, passes to the buyer upon receipt of the goods.
The Seller shall deliver to the Buyer together with the goods the invoice, the delivery note, if applicable, the warranty card and the attachments attached to the goods by the manufacturer.
The Buyer is obliged to inspect the delivered goods and the attached invoice and delivery note upon receipt and to notify the Seller in writing without undue delay of any defects or discrepancies with the actual condition of the goods. This applies in particular to cases where the delivered goods do not match the contents of the delivery note or the delivery note is not correctly filled in. In the notification, the buyer is obliged to specify the defects found to the best of his/her ability.

III. Rights and obligations of the parties

The buyer is entitled to withdraw from the purchase contract concluded by means of distance communication within 14 days of receipt of the goods without giving reasons, except for the cases listed in Section 53, paragraph 8, letters a) - f) of the Civil Code. Upon expiration of the specified period, the buyer's right to withdraw from the purchase contract without giving reasons shall expire.
The Buyer is obliged to send a written notice of withdrawal from the Purchase Contract by post to the address of the Seller's business premises specified in Article I, paragraph 2 of these GTC, or to deliver it by the same carrier. In the event of withdrawal from the purchase contract, the Buyer is obliged to return the received goods to the Seller together with the notice of withdrawal from the purchase contract within 5 working days. In the event of withdrawal from the purchase contract, the costs associated with the return of the goods shall be borne by the buyer.
The withdrawal from the contract is effective at the moment of returning the goods to the seller.
In the notice of withdrawal from the purchase contract, the buyer is obliged to indicate the order number and specify the goods by their name and the number of pieces ordered.
The Buyer who has withdrawn from the Purchase Contract is obliged to return the goods received together with the original packaging, undamaged, without signs of normal use for the period from the receipt of the goods by the Buyer until the return of the goods to the Seller and with all the accessories and documents received together with the goods, except for the invoice, otherwise he is liable for the damage caused to the Seller by the breach of this obligation. For the purposes of the Purchase Contract, damage shall also be deemed to include the uncaused removal of the manufacturer's protective seals and stickers, markings and logos affixed by the manufacturer to the goods.
If the Buyer has validly withdrawn from the contract, the Seller shall refund to the Buyer the purchase price paid for the goods less
1. the seller's costs associated with returning the goods and preparing them for resale,
2. any costs associated with the delivery and possible storage of the goods, as well as
3. the amount corresponding to the difference between the price paid for the goods and the price at which the Seller will offer the returned goods for sale as used if they cannot be sold as new due to a breach of the Buyer's obligations under paragraph 5 of this Article.
The Seller shall issue a credit note without undue delay after the return of the goods by the Buyer and send it to the Buyer. The Seller shall reimburse the Purchaser for the purchase price of the returned goods by a credit note to the Purchaser's account or by postal order to the address specified by the Purchaser in the order, within 14 days of receipt of the credit note signed by the Purchaser.
If the Purchase Contract is terminated due to cancellation of the order by the Buyer or the expiry of the validity period of the order or the Buyer's rejection of the goods (see Article II(A)(6), (7) and Article II(B)(5) of these GTC) and the Buyer has paid for the goods in advance by credit order to the Seller's account, the Seller shall, within 2 working days of the termination of the Purchase Contract, refund the price of the goods to the Buyer by credit order to the Buyer's account.

IV. Seller's liability for defects

A. Liability for the conformity of the goods with the contract of sale

The Seller shall be liable to the Buyer for the fact that the Goods are in conformity with the Purchase Contract upon receipt by the Buyer, in particular that they are free from defects. The goods are in conformity with the contract of sale if
1. it has the quality and performance described by the seller or the manufacturer or the quality and performance which may be expected on the basis of the published advertisement for the goods, or the quality and performance usual for goods of that kind,
2. meets the requirements of the legislation,
3. is supplied in adequate quantity,
4. has the appropriate measurements or weight, and
5. meets the seller's stated purpose for the use of the goods or for which they are normally used.
If the goods are defective on receipt by the Buyer in breach of the contract of sale (Article IV(A)(1) of these GTC), the Buyer shall have the right to have the goods restored to a condition consistent with the contract of sale free of charge. In this case, the buyer has the right to:
1. to exchange or repair the goods
2. if exchange or repair of the goods is not possible
3. for a reasonable discount on the price of the item; or
4. to withdraw from the contract.
A conflict with the contract of sale existing at the time of receipt of the goods shall be deemed to be a conflict with the contract of sale which manifests itself within six months of receipt of the goods, unless it is contrary to the nature of the goods or unless the contrary is proved.

B. Liability for defects under warranty

The Seller is liable for defects in the goods which constitute a contradiction with the declared characteristics of the goods and which occur after the goods have been taken over within the warranty period.
If the goods are sold at a reduced price, the warranty does not cover the defects for which the price of the goods has been reduced.
Used goods are not warranted and the seller is only liable for defects existing at the time of receipt of the goods by the buyer, unless he has demonstrably brought them to the buyer's attention. However, the seller is not liable for defects in used goods corresponding to the degree of use or wear and tear that the goods had when received by the buyer.
The warranty period for the goods is 24 months, unless the seller provides for a longer warranty period.
The warranty period starts from the date of receipt of the goods by the buyer. If the purchased goods are to be put into operation by an entrepreneur other than the Seller, the warranty period shall commence only from the date of putting the goods into operation, provided that the Buyer has ordered the putting into operation of the goods, unless otherwise agreed upon upon receipt of the goods, within three weeks of receipt of the goods at the latest and has duly and timely provided the necessary assistance for the putting into operation of the goods.
The warranty period shall run for the duration of the repair of the claimed goods. If the goods are replaced, the warranty period does not stop, but the new warranty period as stated in the new warranty certificate starts from the delivery of the new goods.
The warranty does not apply to
1. wear and tear caused by normal or abnormal use of the goods,
2. damage caused by improper or unreasonable use of the goods, their modification or unprofessional intervention, under conditions contrary to the manufacturer's instructions,
3. damage or wear to the glass, case and bracelet or strap,
4. defects caused by external influences such as impact, chemicals, etc.
The warranty card is handed over by the seller to the buyer together with the goods.
If the claimed defect is removable, the buyer has the right to
1. free, timely and proper rectification of the defect (repair),
2. replacement of the goods or part thereof,
3. a reasonable discount if repair or replacement of the goods or part thereof is not possible,
4. withdrawal from the purchase contract and refund of the purchase price.

C. Claims for defects in the goods

The buyer is obliged to claim the defect from the seller.
If the warranty card states that the repair of the goods is carried out by an authorized service of the manufacturer, which is located in the same place as the seller or which is located in a place closer to the buyer, the buyer is entitled to exercise the right to repair at the authorized service of the manufacturer. However, the buyer is obliged, in his own interest, always to notify the seller before handing over or sending the item for warranty repair to the manufacturer's authorised repairer, as it cannot be excluded that the warranty has already expired on the manufacturer's side due to the storage of the item by the seller before the date of sale. In such a case, the seller shall arrange for the warranty repair at his own expense. If the buyer does not make the above notification, he is not entitled to compensation for the costs incurred as a result of the unsuccessful dispatch of the item for warranty repair (e.g. postage).
The buyer is entitled to complain about the defect of the goods
- by sending it in writing to the address of the Seller's business premises, which is specified in Article I, paragraph 2 of these GTC or to the address of the manufacturer's authorized service centre specified in the warranty certificate, if it is intended to carry out warranty repairs, or to Alexim, s.r.o., Václavkova 2, Prague 6,
- in person at the seller's premises or at the manufacturer's authorised service centre, if it is intended to carry out warranty repairs.
The Buyer is entitled to claim for defects in the goods covered by the warranty until the expiry of the warranty period at the latest (Article IV(B)(4) of these GTC). However, the claim must be demonstrably delivered to the Seller or an authorised service centre no later than the last day of the warranty period.
The Buyer is entitled to claim for defects in used goods for which the Seller is liable within 12 months of receipt of the goods.
The buyer is obliged to present the claimed goods together with the claim for defects in the goods, or within the period specified by the seller or the manufacturer's authorized service, if it is intended to carry out warranty repairs, and to allow its inspection in order to assess the claimed defect in the goods. The Buyer is obliged to present the goods claimed in their complete condition, including their accessories and components and related documents.
The buyer is obliged to present the warranty certificate or the delivery note, if it replaces the warranty certificate.
If the buyer is unable to provide a warranty or delivery note, he/she shall prove the purchase of the goods by proof of acquisition (e.g. invoice).
The buyer is obliged to state in the complaint the data from the warranty certificate or the proof of acquisition of the goods, the name of the goods and specify the defects he is complaining about. The Seller is also obliged to specify in the complaint the method of handling the complaint.
The Seller, or the manufacturer's authorised service, if it is designated to carry out warranty repairs, is obliged to settle the complaint without undue delay, as a rule within one month from the date of its receipt or from the date of delivery of the goods complained of (Article IV(C)(5) of these GTS).
If the complaint is justified, the Seller or the manufacturer's authorised service centre shall, within the period referred to in the preceding paragraph, invite the Buyer to collect the repaired or replaced goods or send the goods to the Buyer at its own expense by post to the address specified by the Buyer.
If the Seller or the manufacturer's authorised service does not accept the claim, it shall notify the Buyer within the period referred to in paragraph 9. Together with the notification of non-acceptance of the claim, the seller or the manufacturer's authorized service shall inform the buyer how much it would cost to replace or repair the goods.
The Buyer shall, without undue delay after receiving the notice of non-acceptance of the claim, but no later than 14 days, inform the Seller or the manufacturer's authorised service centre whether he/she wishes to have the goods replaced or repaired for a fee, otherwise he/she shall be obliged to collect the goods within the same period or to inform the Seller or the manufacturer's authorised service centre of the address to which the goods are to be sent, otherwise he/she shall be obliged to pay the storage fee for each day beyond this period. The costs associated with the return of the goods to the buyer shall be borne by the buyer.
The nature and justification of the claimed defect is always assessed by the manufacturer's authorised service, even if the defect is claimed from the seller. The Seller is obliged to submit the claim for assessment to the service no later than 5 working days following its receipt.
In the event of a dispute as to the nature and justification of the claimed defect, the opinion of the manufacturer's authorised service centre shall be decisive.

Out-of-court resolution of consumer disputes

Dear consumer, if you believe that we have harmed you or failed to meet our obligations, please write to our email address shop@alexim.cz .
If we are unable to resolve the dispute directly, based on Act No. 378/2015 amending Act No. 634/1992 Coll, on consumer protection, you also have the right to an out-of-court resolution of a consumer dispute.
The entity (ADR) for out-of-court resolution of consumer disputes between a trader and a consumer is the Czech Trade Inspection Authority, or another entity authorized by the Ministry of Industry and Trade, see http://www.mpo.cz/...t169867.html.
At the Czech Trade Inspection Authority, the consumer has the opportunity to submit a proposal through an online form, available on the website of the Czech Trade Inspection Authority: https://adr.coi.cz/cs.
The consumer may file a claim with the Czech Trade Inspection Authority or an authorised body within 1 year from the date on which he/she first exercised his/her right, which is the subject of the dispute, with the seller.
The consumer may also file a claim through the EU out-of-court consumer dispute resolution platform, which is available online at: https://webgate.ec.europa.eu/...in/index.cfm?.... If the disputing parties are not satisfied with the quality of the out-of-court resolution of the consumer dispute and believe that the Rules for Out-of-Court Settlement of Consumer Disputes have been violated during the proceedings, they can file a complaint to the Ministry of Industry and Trade or to adr@mpo.cz.
In the case of cross-border disputes, the European Consumer Centre Czech Republic assists consumers in accessing the competent out-of-court consumer dispute resolution body.
The costs associated with the out-of-court resolution of consumer disputes are borne by the parties themselves.

V. Protection of personal data

The Seller processes personal data about the Buyer exclusively for the purpose of fulfilling the rights and obligations under the Purchase Agreement.
The Seller is entitled to process personal data about the Buyer in any other way only with the consent of the Buyer. The buyer consents to the processing of personal data about his/her person when he/she registers as a new customer on the server. Even in this case, the Seller is only entitled to process the Buyer's personal data for the purpose of sending its own offer of goods as well as other commercial communications by e-mail. This does not apply if the buyer informs the seller that he refuses to give his consent to the sending of the seller's offer of goods as well as other commercial communications from the seller.
The Seller is not entitled to disclose personal data about the Buyer to third parties.

Customer Verified Program

We determine your satisfaction with your purchase through email questionnaires as part of the Verified by Customers program in which our e-shop is involved. These are sent to you every time you make a purchase with us, unless you refuse to receive them within the meaning of Section 7(3) of Act No. 480/2004 Coll. on certain information society services. The processing of personal data for the purpose of sending questionnaires within the framework of the Verified by Customers programme is carried out on the basis of our legitimate interest, which consists in determining your satisfaction with your purchase with us. We use a processor, the operator of the Heureka.cz portal, to send you questionnaires, evaluate your feedback and analyse our market position; we may pass on information about the goods you have purchased and your e-mail address for these purposes. Your personal data is not passed on to any third party for its own purposes when sending email questionnaires. You can object to the sending of e-mail questionnaires under the Customer Verified program at any time by refusing further questionnaires using the link in the e-mail with the questionnaire. If you object, we will not send you the questionnaire any further. You can also opt out of receiving the questionnaire when you create your order by ticking the appropriate box in the order form.

For further information, please see GDPR.

Privacy Statement

GDPR

The company Alexim, spol. s r.o. with registered office at Václavkova 2, 160 00 Prague 6, ID:45276099 declares that it processes and stores all personal data in accordance with the legal regulations governing the protection of personal data, in particular with the Personal Data Protection Act No.101/2000 Coll., as amended and regulated, andthe Regulation (EU) 2016/679 of the European Parliament and of the Council on the protection of natural persons with regard to the processing of personal data (General Data Protection Regulation or GDPR).

Privacy Policy:

Alexim, spol. s r.o.

Václavkova 176/2
160 00 Praha 6

Enter:45276099, Tax ID:CZ45276099

entry in the Commercial Register of the Municipal Court in Prague, Section C, Insert 9543

email:alexim@alexim.cz

email: 00420233337206

Purpose of processing personal data:

order processing, complaint handling, contract fulfillment, offering and selling musical instruments and accessories, providing commission sales services and other industry consultations, including the storage and retention of personal data in the customer database, and at the same time for business and marketing purposes.

Legal basis for processing:

consent of the data subject, revocable at any time.

Personal data to be processed:

name and surname, delivery address, e-mail address, telephone number, bank account number,

the goods ordered and their price.

Duration for which personal data will be stored:

For a period of 10 years from the conclusion of the relevant purchase contract (according to Act No. 235/2004 Coll. on Value Added Tax). For the duration of the effectiveness of the contract and for the duration of the periods for the settlement of claims arising therefrom. I.e. during the period of using the services of the administrators, but always until the withdrawal of consent to processing.

We only provide personal data:

to institutions authorized by law to do so.

We do not disclose personal data without the explicit consent of the data subject. This consent may be withdrawn by the data subject at any time..

The processing of personal data will not involve automated decision-making or profiling.

Categories of recipients of personal data:

third parties cooperating with the controllers, from the obligation of reporting and reporting to the FA, to transport companies.

Personal data will not be transferred to a third country or international organization.

Data Subject Rights:

to request the controller to access his or her personal data at any time.

request at any time the rectification or erasure of their personal data or the restriction of their processing.

the right to object to the processing of their personal data.

right to the portability of personal data (transfer to another controller).

the right to withdraw your consent to the processing of your personal data at any time, without prejudice to the lawfulness of the processing based on the consent given prior to its withdrawal.

the right to lodge a complaint with the supervisory authority, which is the Office for Personal Data Protection, located at: Pplk. Sochora 27, 170 00 Prague 7, www.uoou.cz.

VI. Final Provisions

The rights and obligations of the parties to the Purchase Contract shall be governed by these GSPs in force at the time of the Buyer's submission of the Order.
Other rights and obligations of the parties to the Purchase Contract, which are not regulated by these GTC, are subject to the provisions of generally binding legal regulations of the Czech Republic, in particular the Civil Code.
The Seller reserves the right to change these GTC. The Seller shall announce the amended GSP in an appropriate manner on the website www.alexim.cz at least one month before the new GSP comes into force.