GDPR
These General Terms and Conditions (“Terms”) of the company TILL THE GRAVE RECORDS s.r.o., located at Křídlovická 51/8, Brno, 60300, ID No. 14301326, registered in the Commercial Register under file no. C 127686, managed by the Regional Court in Brno, e -mail redzed.shop@gmail.com (“We” or “Seller”) set forth the mutual rights and obligations of you, as buyers, and Us, as sellers, arising in connection with or based on the purchase agreement (“Agreement”) concluded via the E-shop on the website www.redzedofficial.com.
All information about the processing of your personal data is contained in the Personal Data Processing Principles, which can be found here.
The provisions of these Terms are an integral part of the Agreement. The Agreement and Terms are made in the Czech language. We may unilaterally change or supplement the wording of the Terms. This provision does not affect the rights and obligations that arose during the validity of the previous wording of the Terms.
As you surely know, we primarily communicate remotely. Therefore, for our Agreement, it is also valid that remote communication means are used, which allow us to agree without the simultaneous physical presence of Us and You, and the Agreement is thus concluded remotely in the E-shop environment, through the website interface (“E-shop web interface”).
If any part of the Terms contradicts what we have mutually approved in the process of your purchase on Our E-shop, this specific agreement will take precedence over the Terms.
I. SOME DEFINITIONS
1. Price is the financial amount you will pay for the Goods;
2. Shipping Cost is the financial amount you will pay for the delivery of the Goods, including the price for its packaging;
3. Total Price is the sum of the Price and the Shipping Cost;
4. VAT is the value-added tax according to applicable legal regulations;
5. Invoice is a tax document issued in accordance with the value-added tax law for the Total Price;
6. Order is your irrevocable proposal to conclude an Agreement to purchase Goods with Us;
7. User Account is an account set up based on the information you provided, which allows the storage of entered information and the history of ordered Goods and concluded Agreements;
8. You are the person shopping in Our E-shop, legally referred to as the buyer;
9. Goods is everything that you can purchase on the E-shop.
II. GENERAL PROVISIONS AND INSTRUCTIONS
1. Purchasing Goods is only possible through the E-shop web interface.
2. When purchasing Goods, it is your obligation to provide Us with all information correctly and truthfully. Therefore, we will consider the information you provided to Us when ordering the Goods as correct and truthful.
III. CONCLUSION OF THE AGREEMENT
1. An Agreement with Us can only be concluded in Czech language.
2. The Agreement is concluded remotely through the E-shop, and the costs of using remote communication means are borne by you. However, these costs do not differ from the basic rate that you pay for using these means (i.e., especially for internet access), so you should not expect any additional costs charged by Us beyond the Total Price. By sending the Order, you agree that we use remote communication means.
3. In order to be able to conclude an Agreement, you need to create an Order proposal on the E-shop. This proposal must include the following information:
a) Information about the Goods being purchased (on the E-shop you mark the Goods you are interested in buying with the “Add to cart” button);
b) Information about the Price, Shipping Cost, method of payment of the Total Price, and the desired method of delivery of the Goods; these details will be entered in the process of creating the Order proposal in the user environment of the E-shop, where the information about the Price, Shipping Cost, and Total Price will be automatically provided based on the Goods you chose and the method of their delivery;
c) Your identification and contact details necessary for Us to deliver the Goods, especially your name, surname, delivery address, telephone number, and email address;
d) In the case of an Agreement, based on which we will deliver the Goods to you regularly and repeatedly, also information on how long we will deliver the Goods to you.
4. During the creation of the Order proposal, you can change and check the data until its creation. After performing the check via the “Order binding for payment” button, you create the Order. However, before pressing the button, you must also confirm your acquaintance with and consent to these Terms, otherwise, it will not be possible to create the Order. A checkbox is used for confirmation and consent. After pressing the “Order binding for payment” button, all the filled information will be sent directly to Us.
5. We will confirm your Order as soon as possible after it is delivered to Us, with a message sent to your email address stated in the Order. The confirmation will include a summary of the Order and these Terms. By confirming the Order from our side, an Agreement is concluded between Us and You. The Terms effective on the date of the Order form an integral part of the Agreement.
6. There may also be cases where we will not be able to confirm your Order. This is particularly the case when the Goods are not available or when you order a larger number of Goods than is possible from our side. However, we will always provide you with information about the maximum number of Goods in advance on the E-shop, so it should not be surprising for you. If any reason arises for which we cannot confirm the Order, we will contact you and send you an offer to conclude the Agreement in a modified form compared to the Order. The Agreement in such a case is concluded at the moment when you confirm Our offer.
7. In the event that an obviously incorrect Price is stated in the E-shop or in the Order proposal, we are not obliged to deliver the Goods to you at this Price even if you have received an Order confirmation, and thus an Agreement has been concluded. In such a situation, we will contact you immediately and send you an offer to conclude a new Agreement in a modified form compared to the Order. A new Agreement in such a case is concluded at the moment when you confirm Our offer. If you do not confirm Our offer within 3 days of its dispatch, we are entitled to withdraw from the concluded Agreement. An obvious error in the Price is considered, for example, when the Price does not correspond to the usual price at other sellers, or a digit is missing or excessive.
8. In the event that an Agreement is concluded, you are obliged to pay the Total Price.
9. If you have a User Account, you can place an Order through it. Even in such a case, however, you have the obligation to check the correctness, truthfulness, and completeness of the pre-filled data. However, the method of creating the Order is identical to that of a buyer without a User Account, but the advantage is that it is not necessary to repeatedly fill in your identification details.
10. In some cases, we allow discounts to be used for the purchase of Goods. To provide a discount, you need to fill in the details of this discount in a predetermined field within the Order proposal. If you do so, the Goods will be provided to you with a discount.
IV. USER ACCOUNT
1. Based on your registration within the E-shop, you can access your User Account.
2. When registering a User Account, it is your obligation to provide all information correctly and truthfully and to update it in case of any changes.
3. Access to the User Account is secured with a username and password. Regarding these access details, it is your responsibility to maintain confidentiality and not to provide this information to anyone. We bear no responsibility in case of their misuse.
4. The User Account is personal, and therefore, you are not authorized to allow its use by third parties.
5. We may 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.
6. The User Account may not be available continuously, especially with regard to the necessary maintenance of hardware and software equipment.
V. PRICE AND PAYMENT TERMS, RESERVATION OF OWNERSHIP
1. The price is always indicated within the E-shop, in the Order proposal, and of course in the Agreement. In case of a discrepancy between the Price indicated for the Goods within the E-shop and the Price indicated in the Order proposal, the Price stated in the Order proposal, which will always be identical to the price in the Agreement, shall apply. The Shipping Cost is also indicated in the Order proposal, including the conditions for free shipping.
2. The Total Price is indicated including VAT and all fees stipulated by law.
3. We will require payment of the Total Price from you after concluding the Agreement and before delivering the Goods. You can make the payment of the Total Price in the following ways:
a) Bank transfer. Information for making the payment will be sent to you as part of the Order confirmation.
b) Card online. In this case, the payment is made through the payment gateway Shoptet pay, with the payment being governed by the conditions of this payment gateway, available at this address.
c) Cash on delivery. In this case, payment occurs upon delivery of the Goods against the handing over of the Goods. In the case of cash on delivery, the Total Price is payable upon receipt of the Goods.
d) Cash upon personal collection. Goods can be paid for in cash in the case of collection at Our facility. In the case of cash payment upon personal collection, the Total Price is payable upon receipt of the Goods.
4. The invoice will be issued in electronic form after payment of the Total Price and will be sent to your email address. The invoice will also be physically attached to the Goods and available in the User Account.
5. Ownership of the Goods transfers to you only after you pay the Total Price and take delivery of the Goods. In the case of bank transfer, the Total Price is considered paid when it is credited to Our account, in other cases, it is paid at the moment of making the payment.
VI. DELIVERY OF GOODS, TRANSFER OF RISK OF DAMAGE TO THE GOODS
1. The Goods will be delivered to you in the manner of your choice, where you can select from the following options:
a) Personal collection at pick-up points of the company Zásilkovna;
b) Delivery via transport companies DHL, Zásilkovna;
2. Goods can be delivered both within the Czech Republic and abroad.
3. The delivery time of the Goods always depends on their availability and on 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 on the E-shop is only indicative and may differ from the actual delivery time. In the case of personal collection at the facility, we will always inform you about the possibility of collecting the Goods by email.
4. Upon receipt of the Goods from the carrier, it is your duty to check the integrity of the Goods' packaging and to immediately report any defects to the carrier and Us. In case of damage to the packaging, indicating unauthorized tampering and entry into the shipment, you are not obliged to accept the Goods from the carrier.
5. In the event that you fail to fulfill your obligation to accept the Goods, except in cases according to Art. VI.4. of the Terms, this does not constitute a breach of Our obligation to deliver the Goods to you. Also, your failure to accept the Goods does not constitute 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 significant breach of the Agreement. If we decide to exercise this right, the withdrawal is effective on the day we deliver this withdrawal to you. Withdrawal from the Agreement does not affect the claim for payment of the Shipping Cost, or the claim for compensation if any damage occurred.
6. If the Goods are to be delivered repeatedly or in a different way than agreed in the Agreement due to reasons on your side, it is your duty to reimburse Us for the costs associated with this repeated delivery. Payment details for paying these costs will be sent to your email address stated in the Agreement and are payable within 14 days from the delivery of the email.
7. The risk of damage to the Goods transfers to you at the moment you take delivery of them. In the event that you do not take delivery of the Goods, except in cases according to Art. VI.4 of the Terms, the risk of damage to the Goods transfers to you at the moment you could have taken delivery of them but did not due to reasons on your side. The transfer of the risk of damage to the Goods means that from this moment, you bear all consequences associated with the loss, destruction, damage, or any devaluation of the Goods.
8. In the event that the Goods were not indicated as in stock in the E-shop and an indicative availability time was given, we will always inform you in case of:
a) extraordinary disruption in the production of Goods, whereby we will always communicate to you the new expected availability time or information that it will not be possible to deliver the Goods;
b) delay in the delivery of Goods from Our supplier, whereby we will always communicate to you the new expected delivery time.
9. In the event that we are unable to deliver the Goods to you within 30 days from the expiry of the Goods delivery time indicated in the Order confirmation, for any reason, both We and You are entitled to withdraw from the Agreement.
VII. RIGHTS FROM DEFECTIVE PERFORMANCE
1. We guarantee that at the time of the transfer of the risk of damage to the Goods according to Art. VI.7 of the Conditions, the Goods are without defects, in particular:
a) it has properties that we have agreed with you, and if not explicitly agreed, then such that we have described with the Goods, or such that can be expected considering the nature of the Goods;
b) it is suitable for the purposes we stated or for purposes usual for Goods of this type;
c) corresponds to the quality or execution of the agreed sample, if the quality or execution was determined according to a sample;
d) is in the corresponding quantity and weight;
e) meets the requirements imposed on it by legislation;
f) it is not burdened with the rights of third parties.
2. Rights and obligations regarding rights from defective performance are governed by the relevant generally binding legal regulations (in particular the provisions of §§ 1914 to 1925, 2099 to 2117 and 2161 to 2174 of the Civil Code and the Act No. 634/1992 Coll., on Consumer Protection, as amended).
3. If the Goods have a defect, i.e., if one of the conditions according to Art. VII.1 is not met, you may notify us of such defect and claim your rights from defective performance (i.e., make a claim) by sending an email or letter to our addresses listed in Our identification details. You can also use the model form provided by Us for the claim, which is Annex No. 1 of the Conditions. When claiming your rights from defective performance, it is necessary to choose how you want the defect to be resolved, and you cannot change this choice later without Our consent, except in cases according to Art. 7.4. We will handle the claim in accordance with the right from defective performance you have applied. If you do not choose a solution to the defect, you have the rights mentioned in Art. 7.5 even in situations where the defective performance was a substantial breach of the Contract.
4. If the defective performance is a substantial breach of the Contract, you have the following rights:
a) to have the defect removed by delivering new Goods without defects, or by delivering the missing part of the Goods;
b) to have the defect removed by repairing the Goods;
c) to a reasonable discount on the Price;
d) to withdraw from the Contract.
If you choose a solution according to points a) or b) and We do not remove the defect in this way within a reasonable period, which we have stated, or We inform you that we will not remove the defect at all, you have rights according to points c) and d), even if you did not originally request them during the claim. Also, if you choose to have the defect removed by repairing the Goods and We find that the defect is irreparable, We will notify you and you can choose another way of removing the defect.
5. If the defective performance is an insignificant breach of the Contract, you have the following rights:
a) to have the defect removed by delivering new Goods without defects, or by delivering the missing part of the Goods;
b) to have the defect removed by repairing the Goods;
c) to a reasonable discount on the Price.
If we do not remove the defect in time or refuse to remove the defect, you have the right to withdraw from the Contract. You can also withdraw from the Contract if you cannot properly use the Goods due to the repeated occurrence of defects after the repair of the Goods or due to a greater number of defects in the Goods.
6. In the case of both substantial and insignificant breach, you cannot withdraw from the Contract or demand the delivery of new Goods if you cannot return the Goods in the condition in which you received them. However, this does not apply in the following cases:
a) if the condition of the Goods changed as a result of an inspection to determine the defect;
b) if the Goods were used before the defect was discovered;
c) if the impossibility of returning the Goods in unchanged condition was not caused by your action or omission,
d) if you sold, consumed or modified the Goods before discovering the defect; however, if this happened only partially, you are obliged to return the part of the Goods that can be returned, and in such a case, you will not be refunded the part of the Price corresponding to your benefit from the use of part of the Goods.
7. Within 3 days of receiving the claim, we will confirm to your email address that we have received the claim, when we received it, and the expected duration of the claim processing. We will handle the claim without unnecessary delay, but no later than 30 days from its receipt. The deadline can be extended by mutual agreement. If the deadline passes in vain, you can withdraw from the Contract.
8. We will inform you about the handling of the claim by email. If the claim is justified, you are entitled to reimbursement of reasonably incurred costs. You must prove these costs, for example, by receipts or confirmations of the price for transport. In the case of removing the defect by delivering new Goods, it is your obligation to return the original Goods to Us, but we bear the costs of this return.
9. If you are an entrepreneur, it is your obligation to report and point out the defect without unnecessary delay after you could have discovered it, but no later than three days after receiving the Goods.
10. If you are a consumer, you have the right to claim rights from defective performance for a defect that occurs in consumer Goods within 24 months of receiving the Goods.
11. Provisions regarding the right from defects do not apply in the case of:
a) Goods sold at a lower Price for a defect for which the lower Price was negotiated;
b) wear and tear of the Goods caused by its usual use;
c) used Goods for a defect corresponding to the degree of use or wear and tear the Goods had when you received them;
d) when this follows from the nature of the Goods.
VIII. WITHDRAWAL FROM THE CONTRACT
1. Withdrawal from the Contract, i.e., termination of the contractual relationship between Us and You from its inception, can occur for reasons and in the ways mentioned in this article, or in other provisions of the Conditions where the possibility of withdrawal is explicitly stated.
2. If you are a consumer, i.e., a person buying Goods outside the scope of your business activities, you have the right to withdraw from the Contract without giving a reason within 14 days from the day of receiving the Goods, in accordance with §1829 of the Civil Code. If we have concluded a Contract whose subject is several types of Goods or the delivery of several parts of Goods, this period starts running only from the day of delivery of the last part of the Goods, and in the case of a Contract based on which we will regularly and repeatedly deliver Goods to you, it starts from the day of the first delivery. You can withdraw from the Contract in any provable way (especially by sending an email or letter to Our addresses listed in Our identification details). You can also use the model form provided by Us for withdrawal, which is Annex No. 2 of the Conditions.
3. However, even as a consumer, you cannot withdraw from the Contract in cases where the subject of the Contract is:
a) Goods whose Price depends on fluctuations in the financial market independent of Our will and that can occur during the withdrawal period;
b) delivery of alcoholic beverages, which can be delivered only after thirty days and whose Price depends on fluctuations in the financial market independent of Our will;
c) Goods that were customized according to your wishes or for your person;
d) Goods in a sealed package that was opened and cannot be returned for hygienic reasons;
e) delivery of audio or visual recordings or computer programs if the original packaging was broken;
f) delivery of newspapers, periodicals, or magazines;
g) delivery of digital content if it was not delivered on a tangible medium and was delivered with your prior explicit consent before the expiration of the withdrawal period and We have informed you that you do not have the right to withdraw from the Contract.
4. The deadline for withdrawal according to Art. VIII.2 of the Conditions is considered met if you send us a notification during its course that you are withdrawing from the Contract.
5. In the event of withdrawal from the Contract, the Price will be refunded to you within 14 days from the effective date of withdrawal to the account from which it was credited, or to an account chosen for the withdrawal from the Contract. However, the amount will not be refunded until we receive the Goods back or until you prove that they have been sent back to us. Please return the Goods to us clean, if possible including the original packaging.
6. In the event of withdrawal from the Contract according to Art. VIII.2 of the Conditions, you are obliged to send the Goods to us within 14 days from the withdrawal and bear the costs associated with returning the goods to us. Conversely, you are entitled to have us refund the cost of shipping, but only to the extent corresponding to the cheapest offered method of delivery of the Goods that we offered for delivering the Goods. In case of withdrawal due to us breaching the Contract, we also bear the costs associated with returning the goods to us, but again only up to the amount of the shipping cost corresponding to the cheapest offered method of delivery of the Goods that we offered at the time of delivery.
7. You are liable to us for damage in cases where the Goods are damaged as a result of your handling of them in a manner other than necessary with regard to their nature and properties. We will invoice you for the caused damage after the Goods are returned to us and the due date for the invoiced amount is 14 days. If we have not yet returned the Price to you, we are entitled to offset the claim for costs against your claim for the refund of the Price.
8. 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 related to the nature of the Goods), even before the expiration of the period stated in Art. VI.9. of the Conditions. We can also withdraw from the Contract if it is evident that you have deliberately provided incorrect information in the Order. In the case that you are purchasing goods within your business activities, i.e., as an entrepreneur, we are entitled to withdraw from the Contract at any time, without stating a reason.
IX. RESOLUTION OF DISPUTES WITH CONSUMERS
1. In relation to buyers, we are not bound by any codes of conduct as defined by § 1826 (1) e) of the Civil Code.
2. We handle consumer complaints through the email address redzed.shop@gmail.com. Information about the resolution of the complaint will be sent to the buyer's email address.
3. The Czech Trade Inspection Authority, located at Štěpánská 567/15, 120 00 Prague 2, ID: 000 20 869, website: http://www.coi.cz, is competent for the out-of-court resolution of consumer disputes arising from the Contract. The online dispute resolution platform available at http://ec.europa.eu/consumers/odr can be used for resolving disputes between the seller and the buyer who is a consumer, from the sales contract concluded through electronic means.
4. The European Consumer Centre Czech Republic, located at Štěpánská 567/15, 120 00 Prague 2, website: http://www.evropskyspotrebitel.cz, is the contact point according to the Regulation of the European Parliament and the Council (EU) No. 524/2013 of May 21, 2013, on online resolution of consumer disputes and amending Regulation (EC) No. 2006/2004 and Directive 2009/22/EC (regulation on online resolution of consumer disputes).
X. FINAL PROVISIONS
1. If our legal relationship with you includes an international element (for example, if we are sending goods outside the territory of the Czech Republic), the relationship will always be governed by Czech law. However, if you are consumers, this agreement does not affect your rights arising from legal regulations.
2. All written correspondence will be delivered to you via email. Our email address is indicated in our identification details. We will deliver correspondence to your email address stated in the Contract, in the User Account, or through which you have contacted us.
3. The Contract can only be changed based on our written agreement. However, we are entitled to change and supplement these Conditions, but this change will not affect already concluded Contracts, only Contracts that will be concluded after the effectiveness of this change. Information about the change will be sent to your email address at least 14 days before the effectiveness of this change. If we do not receive a termination of the concluded Contract for regular and repeated deliveries of Goods from you within 14 days from sending information about the change, the new conditions become part of our Contract and apply to the next delivery of Goods following the effectiveness of the change. The notice period in case you give notice is 2 months.
4. In the event of force majeure or events that cannot be predicted (natural disaster, pandemic, operational failures, supplier outages, etc.), we are not responsible for damage caused in connection with or as a result 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.
5. The Annex to the Conditions includes a sample form for complaints and a sample form for withdrawal from the Contract.
6. The Contract, including the Conditions, is archived electronically with 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 and will therefore always have access to the Contract without our cooperation. We recommend always saving the Order confirmation and the Conditions.
7. These Conditions become effective on December 6, 2023.
ANNEX NO. 1 - COMPLAINT FORM
Recipient:
Filing a Complaint
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Date of Contract conclusion: |
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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 Goods defects: |
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Proposed way of handling the complaint, or specifying the bank account number for providing a discount: |
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I also request the issuance of a confirmation of the filing of the complaint specifying when I exercised this right, what is the content of the complaint along with my claim, including the date and method of handling the complaint.
Date:
Signature:
ANNEX NO. 2 - WITHDRAWAL FROM THE CONTRACT FORM
Recipient:
Hereby, I declare that I withdraw from the Contract:
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Date of Contract conclusion: |
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Name and Surname: |
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Address: |
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Email Address: |
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Specification of Goods the Contract pertains to: |
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Method for the return of received funds, or specifying the bank account number: |
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If the buyer is a consumer and has ordered goods via the e-shop of TILL THE GRAVE RECORDS s.r.o. (“Company”) or another means of distance communication, except in cases mentioned in § 1837 of Act No. 89/2012 Coll., Civil Code, as amended, they have the right to withdraw from the already concluded purchase contract within 14 days from the day of receiving the goods, without giving a reason and without any penalty. The buyer shall notify the Company of this withdrawal in writing at the address of the Company's establishment or electronically to the email specified on the sample form.
If a buyer who is a consumer withdraws from the purchase contract, they shall send or deliver the goods received from the Company back without undue delay, no later than 14 days after withdrawing from the purchase contract.
If a buyer who is a consumer withdraws from the purchase contract, the Company shall return all monetary funds (purchase price of the delivered goods) including delivery costs received from them based on the purchase contract without undue delay, no later than 14 days after withdrawing from the purchase contract, in the same manner. If the buyer chose a different method of delivery of goods than the cheapest one offered by the Company, the Company shall return to the buyer the costs of delivery only to the extent corresponding to the cheapest offered method of delivery of the goods. The Company is not obliged to return the received funds to the buyer before the buyer hands over the goods to the Company or proves that they have sent the goods back to the Company.
Date:
Signature: