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General terms and conditions

Basic Provisions

1. These general terms and conditions (hereinafter referred to as the “terms and conditions”) are issued in accordance with § 1751 et seq. of Act No. 89/2012 Coll., Civil Code (hereinafter referred to as the “Civil Code”).

ViLife sound s.r.o.

Company ID: 08640629

VAT ID: CZ 08640629

Registered office: Bílkova 855/19, Staré Město, 110 00 Praha 1

Registered with the Municipal Court in Prague, Section C, File No. 281289

Contact details: +420773495001

Email: info@bubenstesti.cz https://spolum.eu/

(hereinafter referred to as the “Seller”)

2. These terms and conditions govern the mutual rights and obligations of the Seller and an individual who enters into a purchase agreement outside their business activities as a consumer, or within their business activities (hereinafter referred to as the “Buyer”) through the web interface located on the website at https://spolum.eu/ (hereinafter referred to as the “online store”).

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

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

II.

Information about Goods and Prices

1. Information about goods, including the listing of prices of individual goods and their main characteristics, is provided for each item in the online store's catalog. Prices of goods include value-added tax, all related fees, and costs for returning the goods if the goods cannot be returned via the usual postal route due to their nature. Prices of goods remain valid as long as they are displayed in the online store. This provision does not preclude entering into a purchase agreement under individually agreed terms.

2. All presentations of goods in the online store's catalog are informative and the Seller is not obliged to enter into a purchase agreement for such goods.

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

4. Any discounts on the purchase price of goods cannot be combined unless otherwise agreed between the Seller and the Buyer.

III.

Order and Conclusion of Purchase Agreement

1. The Buyer shall bear the costs incurred when using remote communication means in connection with the conclusion of the purchase agreement (internet connection costs, telephone costs) themselves. 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 completing the order form without registration.

3. When placing an order, the Buyer selects the goods, the quantity of goods, the method of payment, and delivery.

4. Before submitting the order, the Buyer is allowed to check and change the data entered in the order. The order is sent by the Buyer to the Seller by clicking the button. The data provided in the order is considered correct by the Seller. The validity of the order is conditional upon the completion of all mandatory information in the order form and the Buyer's confirmation that they have read these terms and conditions.

5. Immediately after receiving the order, the Seller will send the Buyer a confirmation of receipt to the email address provided by the Buyer when ordering. This confirmation is automatic and does not constitute a contract. The attachment to the confirmation includes the Seller's current terms and conditions. The purchase agreement is concluded only upon acceptance of the order by the Seller. The notice of order acceptance will be sent to the Buyer's email address. / Immediately after receiving the order, the Seller will send the Buyer a confirmation of receipt to the email address provided by the Buyer. This confirmation constitutes a contract. The attachment to the confirmation includes the Seller's current terms and conditions. The purchase agreement is concluded by the Seller's confirmation of the order to the Buyer's email address.

6. If any of the requirements in the order cannot be fulfilled by the Seller, the Seller will send the Buyer a modified offer to their email address. The modified offer is considered a new proposal for a purchase agreement, and the purchase agreement is concluded in such a case upon the Buyer's confirmation of acceptance of this offer sent to the Seller's email address provided in these terms and conditions.

7. All orders accepted by the Seller are binding. The Buyer can cancel an order until the Buyer receives a notification of the order being accepted by the Seller. The Buyer can cancel an order by phone or email, as specified in these terms and conditions.

8. In case of 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 received an automatic confirmation of receipt of the order according to these terms and conditions. The Seller shall inform the Buyer of the error without undue delay and send the Buyer a modified offer to their email address. The modified offer is considered a new proposal for a purchase agreement, and the purchase agreement is concluded in such a case upon the Buyer's confirmation of acceptance of the offer to the Seller's email address.

IV.

Customer Account

1. Based on the Buyer's registration in the online store, the Buyer can access their customer account. From their customer account, the Buyer can place orders for goods. The Buyer can also order goods without registration.

2. When registering for a customer account and placing an order, the Buyer is obliged to provide correct and truthful information. The Buyer is obliged to update the data in the user account upon any changes. The information provided by the Buyer in the customer account and during ordering 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 their 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 their customer account.

5. The Seller may cancel a user account, especially if the Buyer does not use their user account for a longer period or if the Buyer violates their obligations under the purchase agreement 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 third-party hardware and software.

Payment Terms and Delivery of Goods

1. The Buyer can pay the price of goods and any costs associated with the delivery of goods under the purchase agreement in the following ways: · cashless payment by credit card · cashless payment by bank transfer via the payment gateway, · cash on delivery, · in cash or by credit card upon personal collection at the Seller's premises

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 expressly stated otherwise, the purchase price is understood to include the costs associated with the delivery of goods.

3. In the case of payment in cash, the purchase price is payable upon receipt of the goods. In the case of cashless payment, the purchase price is payable within 3 days of concluding the purchase agreement.

4. In the case of payment through a payment gateway, the Buyer proceeds according to the instructions of the respective electronic payment provider.

5. In the case of cashless payment, the Buyer's obligation to pay the purchase price is fulfilled when the relevant amount is credited to the Seller's bank account.

6. The Seller does not require any advance or similar payment from the Buyer. Payment of the purchase price before shipping the goods is not a deposit.

7. According to the Act on the Registration of Sales, the Seller is obliged to issue a receipt to the Buyer. At the same time, the Seller is obliged to register the received revenue with the tax administrator online, in the event of a technical failure, no later than within 48 hours.

8. The goods will be delivered to the Buyer: · to the address specified by the Buyer in the order · through a pick-up point to the address of the pick-up point specified by the Buyer, · by personal collection at the Seller's premises

9. The method of delivery is chosen during the ordering of goods.

10. The costs of delivering goods depending on the method of dispatch and receipt of goods are specified in the Buyer's order and in the Seller's order confirmation. If the method of transport is agreed upon based on a specific request from the Buyer, the Buyer bears the risk and any additional costs associated with this method of transport.

11. If the Seller is obliged to deliver the goods to a place specified by the Buyer in the order under the purchase agreement, the Buyer is obliged to take delivery of the goods upon delivery. If, for reasons on the part of the Buyer, the goods need to be delivered repeatedly or in a manner other than that specified in the order, the Buyer is obliged to pay the costs associated with repeated delivery of the goods, or the costs associated with another method of delivery.

12. Upon receipt of the goods from the carrier, the Buyer is obliged to check the integrity of the packaging of the goods and, in the event of any defects, immediately notify the carrier. In the event of a breach of the packaging indicating unauthorized entry into the shipment, the Buyer is not obliged to accept the shipment from the carrier.

13. The Seller will issue a tax document – an invoice – to the Buyer. The tax document is sent to the Buyer's email address./The tax document is attached to the delivered goods.

14. The Buyer acquires ownership of the goods by paying the full purchase price for the goods, including delivery costs, but no sooner than upon receipt of the goods. The risk of accidental destruction, damage, or loss of the goods passes to the Buyer at the moment of receipt of 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 agreement.

VI.

Withdrawal from the Agreement

1. The Buyer, who has concluded a purchase agreement outside of their business activities as a consumer, has the right to withdraw from the purchase agreement.

2. The withdrawal period from the purchase agreement is 14 days: · from the day of receipt of the goods, · from the day of receipt of the last delivery of goods if the subject of the contract is several types of goods or the delivery of several parts, · from the day of receipt of the first delivery of goods if the subject of the contract is a regular repeated delivery of goods.

3. The Buyer cannot withdraw from the purchase agreement, among other things: · for the provision of services if they were fulfilled with their prior express consent before the withdrawal period expired and the Seller informed the Buyer before concluding the contract that in such a case they have no right to withdraw from the contract, · for the delivery of goods or services, the price of which depends on fluctuations in the financial market independently of the Seller's will and which may occur during the withdrawal period, · for the delivery of goods that have been modified according to the Buyer's wishes or for their person, · for the delivery of audio or video recordings or computer programs if the original packaging has been breached, · for the delivery of newspapers, periodicals, or magazines, · for the supply of digital content if it has not been delivered on a tangible medium and has been delivered with the Buyer's prior express consent before the withdrawal period expired, and the Seller informed the Buyer before concluding the contract that in such a case they have no right to withdraw from the contract, · in other cases specified in § 1837 of the Civil Code.

4. To comply with the withdrawal period, the Buyer must send a statement of withdrawal within the withdrawal period.

5. The Buyer can use the template form provided by the Seller to withdraw from the purchase agreement. The withdrawal form is sent by the Buyer to the Seller's email or delivery address listed in these terms and conditions. The Seller will promptly confirm receipt of the form to the Buyer.

6. The Buyer, who has withdrawn from the contract, is obliged to return the goods to the Seller within 14 days of withdrawal from the contract. The Buyer bears the costs of returning the goods to the Seller, even in cases where the goods cannot be returned by regular postal means due to their nature.

7. If the Buyer withdraws from the contract, the Seller shall return all monetary funds received from the Buyer, including the costs of delivery, without undue delay, no later than 14 days from the withdrawal from the contract, in the same manner. The Seller will return the received monetary funds to the Buyer in a different way only if the Buyer agrees and if this does not incur additional costs.

8. If the Buyer has chosen a method of delivery other than the cheapest one offered by the Seller, the Seller will refund the Buyer the costs of delivery corresponding to the cheapest offered delivery method.

9. If the Buyer withdraws from the purchase agreement, the Seller is not obliged to return the received monetary funds to the Buyer before the Buyer hands over the goods or proves that they have sent the goods to the Seller.

10. The Buyer must return the goods to the Seller undamaged, unused, and clean, and if possible, in the original packaging. The Seller is entitled to unilaterally set off the claim for compensation for damages caused to the goods against the Buyer's claim for a refund of the purchase price.

11. The Seller is entitled to withdraw from the purchase agreement due to the unavailability of goods, sold-out stock, or if the manufacturer, importer, or supplier of goods has discontinued production or imports of the goods. The Seller shall inform the Buyer immediately via the email address provided in the order and return all monetary funds, including delivery costs, received under the contract within 14 days of the notice of withdrawal from the purchase agreement in the same manner or as specified by the Buyer.

VII.

Rights from Defective Performance

1. The Seller is liable to the Buyer for ensuring that the goods are free of defects upon receipt. In particular, the Seller is responsible for ensuring that at the time the Buyer receives the goods: · the goods have the characteristics agreed upon by the parties, and if no agreement has been made, the goods have the characteristics described by the Seller or manufacturer, or expected by the Buyer based on the nature of the goods and the advertising carried out by them, · the goods are suitable for the purpose specified by the Seller for their use or for which goods of this type are usually used, · the goods correspond to the quality or design of the agreed sample or model if the quality or design was determined based on the agreed sample or model, · the goods are in the correct quantity, size, or weight, and · the goods comply with the requirements of legal regulations.

2. If a defect becomes apparent within six months of receipt, it is presumed that the goods were defective at the time of receipt. The Buyer is entitled to claim the 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 upon, for wear and tear of the goods caused by their normal use, for used goods to a defect corresponding to the degree of use or wear the goods had upon receipt by the Buyer, or if it arises from the nature of the goods.

3. If a defect occurs, the Buyer may file a complaint with the Seller and request: · replacement with new goods, · repair of the goods, · a reasonable discount on the purchase price, · withdrawal from the contract.

4. The Buyer is entitled to withdraw from the contract: · if the goods have a substantial defect, · if they cannot use the item properly due to repeated occurrence of a defect or defects after repair, · if there is a larger number of defects in the goods.

5. The Seller is obliged to accept a complaint in any of its establishments where it is possible to accept the complaint, or at its registered office or place of business. The Seller is obliged to issue the Buyer a written confirmation of when the Buyer exercised the right, what the subject of the complaint is, and what method of handling the complaint the Buyer requires, as well as confirmation of the date and method of resolving the complaint, including confirmation of the repair and duration, or a written justification for the rejection of the complaint.

6. The Seller or an authorized employee will decide on the complaint immediately, in complex cases within three working days. This period does not include the time reasonably necessary for the type of product or service to assess the defect professionally. Complaints, including the removal of defects, must be resolved without undue delay, no later than 30 days from the date of filing the complaint unless the Seller agrees with the Buyer on a longer period. If this period expires, it is considered a material breach of the contract, and the Buyer has the right to withdraw from the purchase agreement. The moment the complaint is filed is the moment when the Buyer's will (to exercise the right from defective performance) is delivered to the Seller.

7. The Seller will inform the Buyer in writing about the result of the complaint.

8. The Buyer is not entitled to the right from defective performance if the Buyer knew before taking over the goods that the goods had a defect, or if the Buyer caused the defect.

9. In the case of a justified complaint, the Buyer is entitled to reimbursement of the costs reasonably incurred in connection with the complaint. The Buyer may assert this right with the Seller within one month after the expiration of the warranty period.

10. The Buyer has the right to choose the method of complaint resolution.

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

VIII.

Delivery

1. The contracting parties may deliver all written correspondence to each other via email.

2. The Buyer delivers correspondence to the Seller at the email address specified in these terms and conditions. The Seller delivers correspondence to the Buyer at the email address specified in their customer account or order.

IX.

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 competent for out-of-court resolution of consumer disputes arising from the purchase agreement. The platform for online dispute resolution located at http://ec.europa.eu/consumers/... can be used to resolve disputes between the Seller and the Buyer arising from the purchase agreement.

2. The European Consumer Centre Czech Republic, with its registered office at Štěpánská 567/15, 120 00 Prague 2, internet address: http://www.evropskyspotrebitel... 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 Online Dispute Resolution for Consumer Disputes).

3. The Seller is authorized to sell goods on the basis of a trade license. Trade control is carried out within the scope of its authority by the relevant trade licensing office. The Czech Trade Inspection Authority performs supervision within the defined scope, among other things, over compliance with Act No. 634/1992 Coll., on consumer protection.

Final Provisions

1. All arrangements between the Seller and the Buyer are governed by the laws of the Czech Republic. If a relationship established by the purchase agreement contains an international element, the parties agree that the relationship is governed by the law of the Czech Republic. This does not affect the consumer's rights 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 § 1826(1)(e) of the Civil Code.

3. All rights to the Seller's website, especially copyright to the content, including the layout of the page, 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 its parts without the Seller's consent.

4. The Seller is not liable for errors resulting from third-party interference with the online store or due to its use contrary to its purpose. The Buyer must not use procedures during the use of the online store that could negatively affect its operation, and must not perform any activity that could allow unauthorized persons to interfere with or misuse the software or other components forming the online store and use the online store or its parts or software in a way that is contrary to its purpose or intention.

5. The Buyer assumes the risk of a change in circumstances within the meaning of § 1765(2) of the Civil Code.

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

7. The Seller may change or supplement the wording of the terms and conditions. This provision does not affect the rights and obligations arising during the effective period of the previous wording of the terms and conditions.

8. The appendix to the terms and conditions is a sample form for withdrawal from the contract.

These terms and conditions take effect on November 15, 2020

Notice of Withdrawal from the Purchase Agreement

On ………. I ordered goods on your website/online store …………………………………………..

I ordered the following goods: …………………………………………..

Order number ………………………………………….. for the amount of …..………. CZK.

I received the ordered goods on ………..

Based on § 1829(1) in conjunction with § 1818 of Act No. 89/2012 Coll., Civil Code, I exercise my legal right and withdraw from the purchase agreement concluded via the internet, which relates to the above goods. I am returning the goods to you with this letter and request the return of the purchase price in the amount of ………. CZK to my bank account number ………………………………………….. no later than 14 days from receipt of this withdrawal notice.

In ………. on ……….

Full name of the consumer (signature)