GENERAL TERMS AND CONDITIONS
These general terms and conditions (“Terms”) of the company Perfect Sound Group s. r. o., registered office at Pod Vinicí 1432/11, Praha 12, 143 00, IČO 28915232, registered in the Commercial Register kept by the Municipal Court in Prague, Section C, Insert 152884, email info@perfectsoundgroup.cz, telephone number +420 722 702 122, („We” or „Seller”) regulate, in accordance with the provisions of Section 1751, Paragraph 1 of Act No. 89/2012 Coll., the Civil Code, as amended (“Civil Code”), the mutual rights and obligations between you, as buyers, and us, as sellers, arising in connection with or based on a purchase agreement (“Agreement”) concluded via the e-shop on the website www.p-t.store.
All information about the processing of your personal data is contained in the Privacy Policy, which you can find on our website.
The provisions of these Terms are an integral part of the Agreement. The Agreement and the Terms are drawn up in the Czech language. We may unilaterally change or supplement the wording of the Terms. This provision does not affect the rights and obligations arising during the period of effect of the previous wording of the Terms.
As you are surely aware, we communicate primarily remotely. Therefore, it also applies to our Agreement that means of remote communication are used, allowing us to agree without the simultaneous physical presence of us and you, and the Agreement is thus concluded remotely in the environment of the e-shop, through the web interface of the website (“web interface of the e-shop”).
If any part of the Terms contradicts what we have mutually agreed upon during the process of your purchase on our e-shop, this specific agreement will take precedence over the Terms.
1. SOME DEFINITIONS
1.1. Price is the financial amount you will pay for the Goods;
1.2. Shipping Price is the financial amount you will pay for the delivery of the Goods, including the price for its packaging;
1.3. Total Price is the sum of the Price and the Shipping Price;
1.4. VAT is the value-added tax according to applicable legal regulations;
1.5. Invoice is a tax document issued in accordance with the Value Added Tax Act on the Total Price, the invoice is sent to the customer only electronically;
1.6. Order is your binding proposal to conclude a Purchase Agreement for the Goods with Us;
1.7. User Account is an account created based on the information you provide, allowing you to store entered data and keep a history of ordered Goods and concluded Agreements;
1.8. You are the person shopping on Our e-shop, legally referred to as the buyer;
1.9. Goods is everything you can purchase on the e-shop.
2. General Provisions and Instructions
2.1. The purchase of Goods is only possible through the web interface of the e-shop.
2.2. When purchasing Goods, you are required to provide Us with all information correctly and truthfully. The information you provided in the Order will therefore be considered correct and truthful by Us.
2.3. On our e-shop, we also provide access to product reviews made by other consumers. We ensure and control the authenticity of such reviews by linking them to specific orders, so in our internal system, we see the linked order ID for each review, and thus we can verify and prove that the review comes from a real consumer.
3.1. It is only possible to conclude an Agreement with Us in the Czech language.
3.2. The Agreement is concluded remotely via the e-shop, whereby you bear the costs of using remote communication means. However, these costs do not differ from the basic rate you pay for using these means (mainly for internet access), so you do not have to expect any additional costs charged by Us beyond the Total Price. By sending the Order, you agree that remote communication means are used.
3.3. To conclude the Agreement, you need to create an Order on the e-shop. This proposal must include the following details:
a) Information about the Goods being purchased (on the e-shop, you mark the Goods you wish to purchase with the "Add to Cart" button);
b) Information about the Price, Shipping Price, the method of payment of the Total Price, and the desired method of delivery of the Goods; this information will be entered during the creation of the Order within the user environment of the e-shop, whereby information about the Price, Shipping Price, and Total Price will be automatically provided based on the Goods you have selected, the method of its delivery, and payment. The prices listed in the Perfect Things online store include the recycling fee and will be displayed on the Invoice;
c) Your identification and contact details necessary for the delivery of the Goods, in particular, your name, surname, delivery address, phone number, and email address.
3.4. During the creation of the Order, you can change and check the details until its completion. After reviewing, you complete the Order by pressing the “Order” button. However, before pressing the button, you must confirm your acknowledgment and agreement with these Terms; otherwise, it will not be possible to complete the Order. A checkbox is provided for confirmation and agreement. After pressing the “Order” button with the payment obligation, all the entered information will be sent directly to Us.
3.5. We will confirm your Order as soon as possible after it is received, by sending a message to your email address provided in the Order. The confirmation will include a summary of the Order and these Terms as an attachment to the email. The Terms effective on the date of the Order, i.e., in the wording attached as an email attachment, form an integral part of the Agreement. The confirmation of the Order concludes the Agreement between Us and You.
3.6. There may be cases where we cannot confirm your Order. These are mainly situations where the Goods are not available or cases where you order more pieces of Goods than allowed by us. However, we will always provide you with information about the maximum number of Goods in advance within the e-shop, so it should not be surprising for you. If there is any reason why we cannot confirm the Order, we will contact you and send you an offer to conclude the Agreement in an amended form compared to the Order. The Agreement is concluded in such a case when you confirm our offer.
3.7. If an obviously incorrect Price is listed within the e-shop or in the Order, we are not obliged to deliver the Goods to you for this Price, even if you received an Order confirmation, and thus the Agreement was concluded. In such a situation, we will contact you immediately and send you an offer to conclude a new Agreement in an amended form compared to the Order. The new Agreement is concluded in such a case when you confirm our offer. An obvious error in the Price is considered, for example, a situation where the Price does not correspond to the usual price with other sellers or a digit is missing or added.
3.8. In the event that the Agreement is concluded, you are obliged to pay the Total Price.
3.9. If you have a User Account, you can place an Order through it. Even in such a case, you are obliged to check the accuracy, truthfulness, and completeness of the pre-filled data. The method of creating the Order is identical to that of a buyer without a User Account, but the advantage is that you do not have to repeatedly fill in your identification details.
3.10. In some cases, we allow the use of a discount for the purchase of Goods. To provide a discount, you must enter the discount information in the designated field within the Order proposal. If you do so, the Goods will be provided to you at a discount.
4. User Account
4.1. Based on your registration within the e-shop, you can access your User Account.
4.2. When registering a User Account, you are obliged to enter all data correctly and truthfully and to update it in case of any changes.
4.3. Access to the User Account is secured by a username and password. It is your duty to maintain confidentiality regarding these access details and not to provide them to anyone. In case of their misuse, we bear no responsibility.
4.4. The User Account is personal, and you are therefore not entitled to allow its use by third parties.
4.5. We can cancel your User Account, especially if you have not used it for more than 1 year, or if you violate your obligations under the Agreement.
4.6. The User Account may not be continuously available, especially with regard to the necessary maintenance of hardware and software equipment.
5. Price and Payment Terms, Retention of Title
5.1. The Price is always listed within the e-shop, in the Order proposal, and of course in the Agreement. In the event of a discrepancy between the Price listed for the Goods within the e-shop and the Price listed in the Order proposal, the Price listed in the Order proposal shall apply, which will always be identical to the price in the Agreement. The Order proposal also lists the Shipping Price or conditions for free shipping.
5.2. The Total Price is stated including VAT and all legal fees. The prices listed in the Perfect Things online store include the recycling fee and will be indicated on the invoice.
5.3. We will require payment of the Total Price after the conclusion of the Agreement and before the delivery of the Goods. You can make payment of the Total Price in the following ways:
a) By bank transfer. We will send you the payment information within the Order confirmation. In the case of payment by bank transfer, the Total Price is due within 48 hours.
Account number: 43-5529740247/0100 (CZ account) or 107-1596160287/0100 (EUR account), maintained by Komerční banka
b) Online by card. In such a case, the payment is processed through the GoPay payment gateway, and the payment is governed by the terms of this payment gateway, available at: https://help.gopay.com/cs/tema/cenik-a-obchodni-podminky/aktualni-cenik-a-obchodni-podminky/podminky-pouzivani-platebni-brany-a-gopay-uctu/podminky-pouzivani-platebni-brany-gopay-ucinnost-od-1-5-2018. In the case of online card payment, the Total Price is due within 24 hours.
c) By cash on delivery. In such a case, payment will be made upon delivery of the Goods against the delivery of the Goods. In the case of cash on delivery, the Total Price is due upon receipt of the Goods.
d) In cash upon personal collection. You can pay for the Goods in cash upon collection at Our branch. In the case of cash payment upon personal collection, the Total Price is due upon receipt of the Goods.
5.4. The invoice will be issued in electronic form after payment of the Total Price and sent to your email address. The invoice will also be available in the User Account.
5.5. Ownership of the Goods passes to you only after you have paid the Total Price and received the Goods. In the case of payment by bank transfer, the Total Price is paid by crediting Our account, in other cases, it is paid at the time of payment.
6. Delivery of Goods, Transfer of Risk of Damage to Goods
7. The delivery time written for products is for information only, is not binding, and the actual delivery time may vary. You can choose from the following options:
a) Personal collection at Our branch listed on our website
b) Personal collection at Zásilkovna, DPD pick-up points
c) Delivery via Zásilkovna, DPD transport companies.
7.2. Goods can only be delivered within the Czech and Slovak Republics.
7.3. The delivery time of the Goods always depends on their availability and the chosen method of delivery and payment. The estimated delivery time of the Goods will be communicated to you in the Order confirmation. The time indicated in these Terms is for guidance only and may differ from the actual delivery time. In case of personal collection at the branch, we will always inform you about the possibility of picking up the Goods via email.
7.4. Upon receipt of the Goods from the carrier, you are obliged to check the integrity of the Goods packaging and immediately report any defects to the carrier and Us. In the event that there is a defect in the packaging that indicates unauthorized handling and entry into the shipment, you are not obliged to accept the Goods from the carrier.
7.5. In the event that you breach your obligation to accept the Goods, except in cases under Art. 6.4 of the Terms, it does not result in a breach of Our obligation to deliver the Goods to you. At the same time, the fact that you do not accept the Goods is not a withdrawal from the Agreement between Us and You. However, in such a case, we have the right to withdraw from the Agreement due to your substantial breach of the Agreement or to store the Goods, for which we are entitled to a usual fee from you. If we decide to withdraw from the Agreement, the withdrawal is effective on the day we deliver this withdrawal to you. Withdrawal from the Agreement does not affect the right to reimbursement of the Shipping Price or the right to compensation for damage if it has occurred.
7.6. If the Goods are delivered repeatedly or by a different method than agreed in the Agreement due to reasons on your part, you are obliged to reimburse us for the costs associated with this repeated delivery. We will send the payment details for these costs to your email address provided in the Agreement, and they are due 14 days from the email delivery.
7.7. The risk of damage to the Goods passes to you at the moment you take them over. If you do not accept the Goods, except in cases under Art. 6.4 of the Terms, the risk of damage to the Goods passes to you at the moment you had the opportunity to take them over, but for reasons on your part, the acceptance did not occur. The transfer of the risk of damage to the Goods means that from that moment on, you bear all consequences associated with the loss, destruction, damage, or any devaluation of the Goods.
7.8. If the Goods were not listed as in stock in the e-shop and an estimated availability time was indicated, we will always inform you in the event of:
a) an extraordinary production outage of the Goods, always providing you with a new expected availability time or information that it will not be possible to deliver the Goods;
b) a delay in the delivery of the Goods from Our supplier, always providing you with a new expected delivery time.
8. rights from defective performance
8.1. We guarantee that at the time the risk of damage to the Goods passes to you according to Article 7.7 of the Conditions, the Goods are free from defects, in particular that the Goods:
a) correspond to the agreed description, type and quantity, as well as quality, functionality, compatibility, interoperability and other agreed characteristics;
b) are suitable for the purpose for which you require them and which we agree to;
c) are delivered with the agreed accessories and instructions for use, including assembly or installation instructions;
d) are suitable for the purpose for which Goods of this kind are usually used;
e) in quantity, quality and other characteristics, including durability, functionality, compatibility and safety, correspond to the usual characteristics of Goods of the same kind that you can reasonably expect, also taking into account public statements made by us or another person in the same contractual chain, in particular advertising or labeling;
f) are delivered with accessories, including packaging, assembly instructions and other instructions for use, that you can reasonably expect; and
g) correspond in quality or design to the sample or model that was provided to you before the contract was concluded.
8.2. The rights and obligations regarding rights from defective performance are governed by the relevant generally binding legal regulations (in particular the provisions of Sections 2099 to 2117 and Sections 2161 to 2174b of the Civil Code and Act No. 634/1992 Coll., on Consumer Protection, as amended).
8.3. If the Goods have a defect, i.e., in particular, if any of the conditions under Article 8.1 are not met, you can report such a defect to Us and exercise your rights from defective performance (i.e., make a claim) by sending an email or letter to Our addresses listed in Our identification details, or in person at Čerčanská 640/30, Praha 4. You can also use the sample form provided by Us for making a claim. When exercising the right from defective performance, you need to choose how you want the defect to be resolved, and this choice cannot be subsequently changed without Our consent. We will handle the claim in accordance with the right exercised by you from defective performance.
8.4. If the Goods have a defect, you have the following rights:
a) to remedy the defect by delivering new Goods without defects, or by delivering the missing part of the Goods; or
b) to remedy the defect by repairing the Goods,
unless the chosen method of remedying the defect is impossible or disproportionately costly compared to the other method, considering especially the significance of the defect, the value the Goods would have without the defect, and whether the defect can be remedied in another way without significant difficulties for you.
8.5. We are entitled to refuse to remedy the defect if it is impossible or disproportionately costly, especially considering the significance of the defect and the value the Goods would have without the defect.
8.6. Furthermore, you have the right to:
a) a reasonable discount on the Price; or
b) withdraw from the Agreement,
if:
a) we refuse to remedy the defect or fail to remedy it in accordance with legal regulations;
b) the defect occurs repeatedly;
c) the defect is a substantial breach of the Agreement; or
d) it is apparent from our statement or the circumstances that the defect will not be remedied within a reasonable time or without significant difficulties for you.
8.7. The right to withdraw from the Agreement does not apply if the defect in the Goods is insignificant.
8.8. If you caused the defect in the Goods yourself, you are not entitled to rights from defective performance.
8.9. The defect in the Goods is not normal wear and tear caused by its usual use or, in the case of used Goods, wear and tear corresponding to the degree of its previous use.
8.10. When making a claim, we will issue you a written confirmation stating:
a) the date when you made the claim;
b) the content of the claim;
c) the method of handling the claim you require;
d) your contact details for the purpose of providing information about the handling of the claim.
8.11. Unless we agree on a longer period, we will remove the defects and provide you with information about the handling of the claim within 30 days of receiving the claim at the contact details provided. If this period expires without success, you can withdraw from the Agreement or request a reasonable discount.
8.12. We will inform you about the handling of the claim by email and issue you a confirmation of the date and method of handling the claim. If the claim is justified, you are entitled to reimbursement of reasonably incurred costs. You are required to prove these costs, for example, by receipts or confirmations of transportation costs. If the defect is remedied by delivering new Goods, you are obliged to return the original Goods to Us, but We will cover the cost of this return.
8.13. If you are an entrepreneur, you are obliged to report and point out the defect without undue delay after you could have discovered it, but no later than three days after receiving the Goods.
8.14. If you are a consumer, you have the right to exercise rights from defective performance for a defect that occurs in consumer Goods within 24 months of receiving the Goods.
9. withdrawal from the contract
9.1. Withdrawal from the Agreement, i.e., termination of the contractual relationship between Us and You from the beginning, may occur for reasons and in ways specified in this article, or in other provisions of the Conditions where the possibility of withdrawal is explicitly stated.
9.2. If you are a consumer, i.e., a person buying Goods outside the scope of your business activity, you have the right to withdraw from the Agreement without giving a reason within 14 days from the conclusion of the Agreement, or if it is a purchase of goods, then within fourteen days from their receipt. If we have concluded an Agreement, the subject of which is several items of Goods or the delivery of several parts of Goods, this period starts only from the day of delivery of the last item or part of the Goods, and if we have concluded an Agreement based on which we will deliver the Goods to you regularly and repeatedly, it starts from the day of delivery of the first delivery.
9.3. You can withdraw from the Agreement in any demonstrable way (especially by sending an email or letter to Our addresses listed in Our identification details). You can also use the sample form provided by Us for withdrawal.
9.4. However, as a consumer, you cannot withdraw from the Agreement in cases where the subject of the Agreement is performance specified in Section 1837 of the Civil Code.
9.5. The period for withdrawal under Article 9.2 of the Conditions is considered to be maintained if you send Us a notification that you are withdrawing from the Agreement within this period.
9.6. In the event of withdrawal from the Agreement under Article 9.2 of the Conditions, you are obliged to send the Goods back to Us within 14 days of withdrawal and bear the costs associated with returning the goods to Us. You are entitled to have the Price of transportation returned to you, but only up to the amount corresponding to the cheapest offered method of delivery of the Goods that we offered for the delivery of the Goods. In the event of withdrawal due to Our breach of the concluded Agreement, we will also cover the costs associated with returning the goods to Us, but again only up to the amount of the Price of transportation corresponding to the cheapest offered method of delivery of the Goods that we offered when delivering the Goods.
9.7. In the event of withdrawal from the Agreement, the Price will be returned to you within 14 days from the effective date of withdrawal to the account from which it was credited, or to the account chosen in the withdrawal from the Agreement. However, the amount will not be returned earlier than when We receive the Goods, or you prove to Us that the Goods have been sent back to Us. Please return the Goods to Us clean, if possible, including the original packaging.
9.8. In the event of withdrawal from the Contract under Article 9.2 of the Conditions, you are liable for any decrease in the value of the Goods resulting from handling the Goods in a manner other than necessary to familiarize yourself with the nature, characteristics, and functionality of the Goods, i.e., in a way other than how you would get acquainted with the Goods in a physical store. If we have not yet refunded the Price, we are entitled to offset our claim for costs against your claim for the refund of the Price.
9.9. We are entitled to withdraw from the Contract at any time before we deliver the Goods to you if there are objective reasons why it is not possible to deliver the Goods (especially reasons on the part of third parties or reasons based on the nature of the Goods), even before the expiration of the period mentioned in Article 6.9 of the Conditions. We can also withdraw from the Contract if it is evident that you have intentionally provided incorrect information in the Order. If you purchase goods within your business activities, i.e., as an entrepreneur, we are entitled to withdraw from the Contract at any time, even without giving a reason.
10. dispute resolution with consumers
10.1. We are not bound by any codes of conduct in relation to buyers within the meaning of Section 1826 (1)(e) of the Civil Code.
10.2. We handle consumer complaints via the email address info@perfectsoundgroup.cz. Information on the handling of the complaint will be sent to the buyer's email address.
10.3. For out-of-court settlement of consumer disputes from the Contract, the Czech Trade Inspection Authority, with its registered office at Štěpánská 567/15, 120 00 Prague 2, IČ: 000 20 869, internet address: http://www.coi.cz, is competent. The platform for online dispute resolution located at the internet address http://ec.europa.eu/consumers/odr can be used to resolve disputes between the seller and the buyer, who is a consumer, from a purchase contract concluded by electronic means.
10.4. 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 according 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 consumer online dispute resolution).
11. Final Provisions
11.1. If our legal relationship with you contains an international element (for example, if we are sending goods outside the Czech Republic), the relationship will always be governed by the law of the Czech Republic. However, if you are a consumer, this agreement does not affect your rights under the laws applicable to you.
11.2. We will deliver all written correspondence with you via email. Our email address is listed in our identification details. We will deliver correspondence to your email address provided in the Contract, in the User Account, or through which you contacted us.
11.3. The Contract can only be amended based on our written agreement. However, we are entitled to amend and supplement these Conditions; such amendment will not affect the already concluded Contracts but only Contracts that will be concluded after the amendment takes effect. We will send you information about the change to your email address at least 14 days before the change takes effect. If we do not receive a termination of the Contract for regular and repeated deliveries of Goods from you within 14 days of sending the information about the change, the new conditions will become part of our Contract and will apply to the next delivery of Goods following the effective date of the change. The notice period in case you give notice is 2 months.
11.4. In the event of force majeure or events that cannot be foreseen (natural disaster, pandemic, operational disruptions, supplier outages, etc.), we are not liable for damages caused as a result of or in connection with cases of force majeure, and if the state of force majeure lasts for more than 10 days, both we and you have the right to withdraw from the Contract.
11.5. The Conditions include a sample complaint form and a sample withdrawal form.
11.6. The Contract, including the Conditions, is archived electronically by us but is not accessible to you. However, you will always receive these Conditions and the Order confirmation with a summary of the Order by email, so you will always have access to the Contract without our assistance. We recommend that you always save the Order confirmation and the Conditions.
11.7. These Conditions become effective on 1. 1. 2022
Appendix No. 1 - Complaint Form
Perfect Sound Group s. r. o.
Registered office: Pod Vinicí 1432/11
143 00 Praha 12 – Modřany
IČ: 28915232
Mailing address:
Perfect Sound Group s. r. o.
Čerčanská 640/30,
Praha 4, 140 00
Complaint Submission
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Date of Contract: |
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Order number: |
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Name and surname: |
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Address: |
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Email address: |
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Goods being complained about: |
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Description of defects of Goods: |
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Proposed method for resolving the complaint: |
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At the same time, I request the issuance of a confirmation of the complaint, stating when I exercised this right, what the content of the complaint is, how I request the complaint to be resolved, along with my contact details for the purpose of providing information on the resolution of the complaint.
Date:
Signature:
Appendix No. 2 - Withdrawal Form
Recipient:
Perfect Sound Group s. r. o.
Address: Pod Vinicí 1432/11
143 00 Prague 12 – Modřany
ID: 28915232
Delivery address:
Perfect Sound Group s. r. o.
Čerčanská 640/30,
Prague 4, 140 00
I hereby declare that I am withdrawing from the Contract:
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Date of contract conclusion: |
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Order number: |
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Full name: |
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Address: |
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Email address: |
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Specification of goods subject to the contract: |
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Method for returning received funds, including bank account number if applicable: |
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Reason for withdrawal from the contract: |
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If the buyer is a consumer, they have the right, if they ordered goods via the company's e-shop Perfect Sound Group s. r. o. (“Company”) or another means of remote communication, except for the cases mentioned in Section 1837 of Act No. 89/2012 Coll., Civil Code, as amended, to withdraw from an already concluded purchase contract within 14 days from the date of the contract conclusion, or, in case of purchasing goods, within fourteen days from the receipt of the goods. In case of a contract for multiple pieces of goods or delivery of several parts of goods, this period starts from the day the last piece or part of the goods is delivered, and in the case of a contract under which goods are to be delivered regularly and repeatedly, from the day the first delivery is made.
The buyer shall notify the Company of this withdrawal in writing at the Company's address or electronically via the email stated on the sample form.
If the buyer, who is a consumer, withdraws from the purchase contract, they shall send or hand over to the Company without undue delay, at the latest within 14 days of the withdrawal from the purchase contract, the goods they received from it.
If the buyer, who is a consumer, withdraws from the purchase contract, the Company shall return to them without undue delay, at the latest within 14 days of the withdrawal from the purchase contract, all monetary amounts (the purchase price of the delivered goods) including the delivery costs that it received from them under the purchase contract, in the same manner. If the buyer chose a delivery method other than the cheapest one offered by the Company, the Company shall return to the buyer the delivery costs only up to the amount corresponding to the cheapest offered method of delivery. The Company is not obliged to return the received monetary amounts to the buyer before receiving the goods back or before the buyer proves that they have sent the goods to the Company.
Date:
Signature: