GENERAL TERMS AND CONDITIONS FOR PURCHASE AGREEMENTS
(Effective from September 15, 2023)
MUSIC STALL s.r.o., with its registered office at U strouhy 276, 196 00 Prague 9
Company ID: 27400247, VAT ID: CZ27400247
registered in the Commercial Register at the Municipal Court in Prague, section C, insert 110074
Contact details:
Registered office address: U strouhy 276, 196 00 Prague 9, Czech Republic
Correspondence address: Music Stall s.r.o., Film-Game.cz, Beranových 125, Prague 9 Letňany, Czech Republic
Email address: info@filmgame.cz
Phone: +420 723 797 676
1. INTRODUCTORY PROVISIONS OF THE TERMS AND CONDITIONS
1.1 These general terms and conditions for purchase agreements (hereinafter referred to as "terms and conditions") regulate the rights and obligations between the seller and the buyer when purchasing goods from the seller via remote communication means, i.e., via the e-shop: www.film-game.cz, by phone, or via email communication.
1.2 The seller and operator of the e-shop is the company MUSIC STALL s.r.o., with its registered office at U strouhy 276, 196 00 Prague 9, Company ID: 27400247, VAT ID: CZ27400247 (hereinafter referred to as the "seller" or "MUSIC STALL"), registered in the Commercial Register at the Municipal Court in Prague, section C, insert 110074.
The seller's place of business is: Music Stall s.r.o., Film-Game.cz, Beranových 125, 199 00 Prague 9 Letňany.
1.3 The buyer may be either a consumer or an entrepreneur.
a) A consumer is, in accordance with § 419 of Act No. 89/2012 Coll., the Civil Code, as amended (hereinafter referred to as the "Civil Code"), any person who enters into a contract with MUSIC STALL or otherwise engages with the company outside the scope of their business activity or independent profession.
b) An entrepreneur, according to § 420 of the Civil Code, is a person who independently performs a business activity on their own account and responsibility in a commercial or similar manner with the intention of doing so regularly for the purpose of making a profit. For consumer protection purposes, an entrepreneur is also considered any person who enters into contracts related to their business, production, or similar activities, or when performing their profession independently, or a person acting on behalf of or for the account of an entrepreneur. A buyer who provides their identification number (IČ) when creating an order or registering – setting up a customer account in the seller’s e-shop – will be considered an entrepreneur for the purposes of these terms and conditions and relationships with the seller
2. PROCEDURE FOR CONCLUDING A PURCHASE AGREEMENT
2.1 The buyer selects the goods from the online catalog at www.film-game.cz. The buyer can choose any goods that have the "Buy" button. Photographs displaying the goods in the online store are for informational purposes only. Some product photos may include decorative items that are not part of the delivery.
2.2 After clicking the "Buy" button, the ordered goods are added to the shopping cart, which is accessible to the buyer at any time. Creating an order for the goods placed in the shopping cart is conditional upon filling in the buyer's details required by the system, which are necessary for concluding the agreement between the seller and the buyer. The order can also be placed by phone via the seller's customer service at +420 723 797 676, where the seller’s staff assists the buyer in concluding the agreement, or electronically by sending an email to info@filmgame.cz. The buyer is obliged to provide all information accurately and truthfully. This information will be used for the purpose of creating the order and subsequently for concluding and fulfilling the purchase agreement. When creating the order, the buyer is also requested to provide their current contact details, including their phone number and email address, which will be used by the seller to inform the buyer about the status of their order (availability of goods, dispatch of goods/preparation of goods for pickup, etc.). The information provided by the buyer is considered correct by the seller. The buyer may also register with the seller and create a customer account at www.film-game.cz. Registration requires, in addition to the necessary details for the order, the entry of the buyer's email address and password. The seller recommends that the buyer keeps these login details for future purchases. For each subsequent purchase, the buyer with an account may log in using their login details. It is in the buyer's interest to protect their login information for their customer account, as providing this information to a third party may result in the third party acting on www.film-game.cz under the buyer’s name. If there is any change to the buyer's registration details, the buyer is obliged to inform the seller about such changes without undue delay, either by updating the details in their customer account or by email. The change takes effect as soon as it is communicated to the seller (or saved in the customer account). The buyer acknowledges that the customer account may not be available continuously, particularly due to necessary maintenance of the seller’s hardware and software, or the hardware and software of third parties. The seller may cancel the customer account, especially if the buyer has not used the account for more than 3 years (i.e., 3 years after the last purchase from the seller's e-shop) or if the buyer breaches their obligations under the purchase agreement (including the terms and conditions). If the buyer consents to receiving information about news and special offers, the seller may also use the buyer's details to send commercial messages to the buyer, until the buyer withdraws this consent, which they are entitled to do at any time.
2.3 The buyer selects the method of payment for the purchase price of the goods and the method of delivery of the goods.
2.4 Before the buyer confirms the order definitively, they have the right to check and change all the information provided in the order to identify and correct any errors made during the order entry.
2.5 By submitting the order (clicking the "Complete order with payment obligation" button), the buyer confirms that they have been informed or has been informed by the seller about the main characteristics of the goods, the total price, and other costs, including delivery costs, i.e., shipping, and possibly also additional services (such as carrying or installation of goods) if these services are not included in the purchase price of the goods, and that they will be required to pay the specified price after the seller accepts the order, choosing a payment method from those offered by the seller, along with the delivery terms, the deadline within which the seller commits to delivering the goods, and make an offer to conclude a contract under these terms. Unless otherwise stated in the individual provisions of these terms and conditions, the purchase price is the total price of the goods including all additional services.
2.6 After submitting the order, it will be registered in the seller's system, and the buyer will be informed by an email notification about the receipt of the order. The email notification about the receipt of the order does not constitute acceptance of the buyer's offer to conclude a contract, but is merely an acknowledgment of the delivery of the buyer's order to the seller. The listing of goods on the seller's website is for the purpose of presenting the goods and does not constitute an offer by the seller to conclude a purchase agreement for such goods. The seller is not obliged to accept the buyer's order and deliver the ordered goods, particularly in the event of the goods being out of stock, or if the seller’s supplier cannot deliver the goods within a reasonable time or the time requested by the buyer (Section 1732, Paragraph 2 of the Civil Code does not apply). In this case, the seller will inform the buyer immediately and propose an alternative solution.
2.7 The purchase agreement is considered concluded only after the seller sends an additional email to the buyer (also referred to as "acceptance of the order") confirming the conclusion of the contract. However, the seller is always entitled, before accepting the order, to request additional confirmation from the buyer (e.g., in writing or by phone) depending on the nature of the order (quantity of goods, purchase price, expected delivery costs).
2.8 By accepting the order, a purchase agreement is concluded between the buyer and the seller, the subject matter of which is the delivery of the goods specified in the order and the provision of additional services at the price specified in the order, all according to the conditions stated on www.film-game.cz, these terms and conditions, and the complaints procedure. These terms and conditions and the complaints procedure are published on www.film-game.cz and form an integral part of the concluded purchase agreement in their current version on the date of the conclusion of the contract.
2.9 The buyer's right to withdraw from the contract is governed by Article 6 of these terms and conditions.
2.10 The buyer’s order is stored by the seller after its acceptance as a concluded purchase agreement and is not accessible to other parties, except for the seller and the buyer through their customer account.
2.11 The contract is concluded in the Czech language, but if there are no obstacles on the part of the seller or the buyer, the contract can also be concluded in another language that is understandable to both parties.
2.12 Information about the individual technical steps leading to the conclusion of the contract is described in these terms and conditions and on the website www.film-game.cz.
2.13 The seller rejects any amendments or deviations from these terms and conditions, especially any deviations from the information published by the seller in the online catalog or stated in the order submitted by the buyer.
2.14 The buyer is obliged to promptly inform the seller of any changes to their contact details, either in writing or by another means. The change takes effect when it is communicated to the seller (or saved in the buyer’s customer account). Failure to notify the seller will be at the buyer’s expense. Written notices are considered properly sent if addressed to the address last provided by the buyer to the seller. The buyer may also receive communication at their email address.
2.15 By purchasing products from the seller’s business offer, the buyer does not acquire any rights to use the seller's registered trademarks, trade names, company logos, or patents, or those of other companies.
2.16 Once the seller has handed over the goods according to the original order to the carrier or has modified the goods as per the customer's request, the seller is no longer obliged to accept any changes to the order. If the buyer completely cancels an order that has already been confirmed by the seller, even after the above-mentioned refusal to accept a change to the binding order by the seller, the seller is entitled to demand a contractual penalty (cancellation fee) from the buyer in the amount of 10% of the goods' price. The right to compensation for any damages does not expire with the payment of the contractual penalty.
Omlouvám se, pokud jsem vynechal nějaké části textu. Zde je kompletní překlad celého textu:
Orders over 2000 CZK: Free shipping (the value of the goods must exceed 2000 CZK). If an order of 3200 CZK is split into two shipments of 1400 and 1800 CZK, double shipping costs will apply.
Czech Post:
PPL: 109 CZK (COD 30 CZK), (orders received by 12:00 will be shipped the same day)
PPL Parcelshop: 79 CZK (COD 30 CZK), (orders received by 12:00 will be shipped the same day)
Zásilkovna: 65 CZK (COD 20 CZK), (orders received by 12:00 will be shipped the same day)
Zásilkovna to address: 99 CZK (COD 20 CZK), (orders received by 12:00 will be shipped the same day)
In-store Pickup: At the store in Prague 9, Letňany, Beranových 125, free of charge (payment by card or cash)
Zásilkovna: 4 EUR (COD 1.2 EUR)
Courier - to address: 6.5 EUR (COD 1.2 EUR)
Free shipping to Zásilkovna: For orders over 80 EUR
Free shipping by Courier: For orders over 120 EUR
Poczta Polska: 7.5 EUR
Inpost Parcel Lockers: 6.5 EUR
Österreichische Post: 10 EUR
Deutsche Post: 8.5 EUR
EURDPD Hungary: 7.5 EUR
Packeta.hu Delivery to pickup point: 6.5 EUR
Other EU countries: 15 EUR
Other Worldwide: 25 EUR
Shipping Rates for Foreign Orders: Shipping costs are calculated based on a standard order of 3–5 DVDs, Blu-rays, or games.
Larger Shipments: Shipping for larger shipments will be calculated separately and discussed with the buyer.
Note: FilmGame.cz reserves the right to adjust the shipping fees based on the weight of the parcel. If the weight is higher than usual, the customer will be consulted.
The delivery time depends on the availability of the product and the type of goods ordered. For commonly available goods and items that the seller has in stock, shipments are typically sent the next business day after the purchase agreement is concluded (for cash on delivery) or the next business day after the payment is credited to the seller's account (for advance payment – bank transfer or deposit). Items that are out of stock will be shipped as soon as possible (usually within 10 days from the purchase agreement, in the case of advance payment, provided the full purchase price is paid). The seller will inform the buyer of the exact shipping date.
The buyer may also pick up the goods personally at the seller’s premises: Music Stall s.r.o., Film-Game.cz, Beranových 125, 199 00 Prague 9 Letňany (Mon-Fri: 9 AM - 5 PM) – goods in stock will be ready for pickup on the day of the order.
The buyer can pick up the order once the seller informs them that the goods are ready for pickup, and upon payment of the purchase price (in case of cash payment or payment by card at the seller's premises), or after advance payment (in the case of bank transfer or deposit). The goods will be available for pickup within the same timeframe as stated for the shipment of the goods. The seller will inform the buyer of the exact date of availability. The buyer can inquire about the approximate delivery date at any time, even before concluding the purchase agreement (this is especially recommended for custom-made goods or out-of-stock items). The buyer acknowledges that circumstances may arise beyond the seller's control, preventing the fulfillment of the delivery, and in such cases, the following procedure will apply.
If the delivery time is technically unachievable (due to unavailability of goods), the seller commits to promptly inform the buyer. If no agreement is reached regarding an alternative delivery time, replacement goods, or other substitute fulfillment, either party may withdraw from the purchase agreement. In this case, the seller will refund the paid purchase price or deposit no later than 14 days after the withdrawal takes effect, using the same payment method as the buyer used, unless otherwise agreed with the buyer. The buyer – consumer has the right to withdraw from the purchase agreement if the seller is delayed in delivering the goods for another reason and fails to meet the obligation even within an additional reasonable time set by the buyer. The buyer – consumer can withdraw from the purchase agreement without an additional time limit if the seller refused to fulfill or the fulfillment was essential for the circumstances of the contract's conclusion or the circumstances the buyer provided to the seller prior to the purchase agreement.
If the seller is to deliver goods to the delivery address specified by the buyer, the seller agrees to send the goods to the address in the Czech Republic provided by the buyer during the order. The buyer is obligated to accept the goods upon delivery. The seller will hand over the goods to the buyer – entrepreneur by handing them over to the first carrier for transportation to the buyer and allowing the buyer to exercise their rights under the transport contract with the carrier. For the buyer – consumer, the seller will hand over the goods when the carrier delivers the goods to the buyer or the buyer’s designated person.
Delivery to the delivery location includes delivering goods to the first lockable door, without carrying the goods, in accordance with the carrier’s terms and the delivery method chosen by the buyer during the order. More detailed information on delivery methods and delivery costs is available at www.film-game.cz, especially on the Delivery page.
If, for reasons on the buyer’s side, repeated deliveries or other delivery methods are required, the buyer is obligated to cover the costs related to repeated deliveries or other delivery methods (the buyer forfeits any right to free delivery if it was originally offered on the item). If the seller offers free delivery, the buyer must pay a minimum total purchase price for the goods to qualify for free shipping, as specified on the website. If the buyer partially withdraws from the purchase agreement and the total purchase price of the remaining goods is below the minimum price required for free shipping, the right to free delivery is forfeited, and the buyer must cover the delivery costs.
Goods that were prepaid will only be handed over to the buyer or an authorized person on behalf of the buyer. If the goods are handed over by the carrier, the person receiving the goods will be considered authorized if they meet the carrier’s requirements for delivery, including providing the key details of the order, proving their identity, or providing other unique identification details (e.g., a PIN code) allowing them to accept the goods.
If personal pickup is chosen, the buyer must pick up prepaid goods within 5 days from the day the seller confirms that the goods are ready for pickup. In case of cash payment or payment by card at the seller’s premises, the buyer is obligated to pick up the goods within 5 days from the confirmation of the goods’ readiness.
Upon receiving the goods, the buyer must visually inspect the goods and check the integrity of the packaging and the goods. The buyer is entitled not to accept the goods if visible mechanical damage is found on the goods or the packaging caused during transport or if the goods are incomplete. In such cases, the buyer must complete a damage/complaint report with the seller or the transportation company responsible for delivering the goods. By signing the delivery slip, the buyer confirms that the package was delivered intact.
If the buyer delays picking up the goods, the seller becomes the custodian (§ 2120, paragraph 1 of the Civil Code), and the legal relationship between the buyer and the seller will be subject to the provisions of the Civil Code regarding a contract of deposit (§ 2402 et seq.). If the buyer delays the pickup for more than 5 days, the seller has the right to charge a storage fee of 50 CZK for each started day of storage for each item the buyer has delayed in picking up. If the delay exceeds 10 days, the seller may also:
(i) sell the goods on behalf of the customer according to § 2126 of the Civil Code and pay the proceeds from the sale to the customer, or
(ii) withdraw from the purchase agreement and return the purchase price to the customer.
The proceeds from the sale or the refunded purchase price, minus storage and possibly incurred sale costs, will be paid by bank transfer to the customer’s bank account, if known. If the seller does not know the customer’s bank account, the amount will be kept on the seller's internal account as a receivable from the customer, and the customer will be notified to retrieve it (or provide their bank account details for the transfer). This receivable will not accrue interest. The seller's right to claim damages is not affected by this.
Note: If the package is incomplete or damaged, please inform us immediately at info@filmgame.cz or call +420 723 797 676. In case of a damaged package, a damage report must be completed with the carrier and sent to the seller.
This section is about consumer rights and after-sales service related to faulty goods. Here’s a summary of the key points:
5.1 Consumer Rights on Faulty Goods
Consumer rights regarding faulty goods are governed by current legal regulations (especially § 2165 et seq. of the Civil Code) and the valid Warranty Policy of Music Stall.
5.2 Entrepreneurial Consumer Rights
For business customers (entrepreneurs), the rights and obligations are governed by the Civil Code unless specified differently. Business customers must report visible defects to the seller within 24 hours of receiving the goods and avoid using the defective product. Any delayed claims might not be accepted. Hidden defects must be reported to the seller without unnecessary delay after they could have been detected, but no later than two years from receipt of the goods (unless the manufacturer’s warranty states otherwise). In case of claims for defects, the business customer must return the product with the invoice or another form of tax document, and if returning for replacement or cancellation, the original packaging and accessories must be returned.
5.3 Defects not Covered by Seller’s Responsibility
If the seller is not responsible for defects, they may facilitate the repair through designated partners, in accordance with the terms, methods, and prices set by the partner, which the seller will communicate to the customer after receiving the details.
5.4 Conflict between Terms and Warranty Rules
In case of a conflict between the terms of these conditions and the warranty rules, the warranty rules will take precedence.
This section details the consumer's right to withdraw from a contract, the process for doing so, and the exceptions. Here's a breakdown:
6 WITHDRAWAL BY THE CONSUMER
7 WITHDRAWAL FROM THE CONTRACT BY THE SELLER
This section outlines the conditions under which the seller can withdraw from a contract with the consumer.
This section covers how the seller handles personal data and the buyer's right to opt-out of certain communications.
This section provides important information related to consumer disputes, seller's legal obligations, and regulatory bodies.
11.1 The seller reserves the right to amend these terms and conditions. Any changes will take effect on the date the updated version of the terms is published on the seller's website. The purchase agreement between the seller and the buyer will always be governed by the version of the terms and conditions valid at the time the agreement was concluded.
11.2 The rights and obligations of the parties to the purchase agreement will be governed by the laws of the Czech Republic, excluding any conflict-of-law provisions under private international law. This includes the Civil Code (Act No. 89/2012 Sb.) and, if the contractual party is a consumer, the Consumer Protection Act (Act No. 634/1992 Sb.), as amended. The choice of law does not deprive the buyer, who is a consumer, of the protection provided by the applicable legal provisions that cannot be waived by contract, as stated in Article 6(1) of the European Parliament and Council Regulation (EC) No. 593/2008 (Rome I).
11.3 The buyer hereby accepts the risk of a change in circumstances as defined in Section 1765(2) of the Civil Code.
11.4 The annex to these terms and conditions includes a sample form for withdrawal from the purchase agreement and a complaint protocol.
11.5 These terms and conditions are valid and effective from 15th September 2023 and fully replace any prior terms and conditions.
In accordance with Regulation (EU) 2022/2065 on Digital Services (DSA), the seller has established a Unified Electronic Contact Point (JECM) for communication with users and customers. This contact point serves as a centralized channel for addressing matters related to the seller's digital services.
All requests and communications will be processed in accordance with the regulations set forth in the DSA and addressed as promptly as possible. The goal is to provide a transparent and effective communication environment while ensuring the rights of users and consumers.
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