Article 1
General Terms
These Commercial Terms
and Complaint Order of the internet shop to goods purchased through an online
store, purchased on an electronic order basis.
These Commercial Terms
and the Complaint Order are based on the Act No. 40/1964 Collection of Statutes
as being amended (Civil Code) and applies to consume goods (further on „Goods“)
to which are applied the rights of the purchaser based on the liability for
defects in the warranty period (further on „Complaints“).
The „Seller" is Hudobný fond, with the
seat in Medená 29, 811 02 Bratislava, Slovakia, ID-No.: 00 225 690, registered
in the Commercial Register of the District Court for Bratislava 1, Section: Po,
Insert No.: 393/B (further on „Seller“).
The „Purchaser" is a
subject who electronically ordered goods from the Seller and whose order was
accepted by the Seller, that means handled, by which the purchase contract was
concluded (further on „Purchaser“).
The Purchaser shows his
electronic order information, which is necessary for his identification in
electronic commerce and which enables the Seller to execute necessary
accounting operations related to the order of Goods and to issue a tax voucher.Information
which is given by the Purchaser to the Seller through the order serves
exclusively to the needs of the handling of the concrete order and shall be
neither passed to third parties, nor commercially exploited by a different way.
Article 2
Orders
1. The Purchaser can pay
for the ordered goods to the Seller:
a) in cash,
b) by a credit card (VISA, MAESTRO) – this
possibility is possible only in the case of the delivery of goods by mail on
the territory of Slovak Republic,
c) by a bank order (Products will be sent after receiving the invoiced amount to the account of the seller).
Article 3
Delivery conditions
1. The Seller engages himself to delivery to the Seller the
ordered goods in quantity and for the price which were given by the time of the
realization of the order.
2. In the case of a personal taking over of the ordered
goods directly in the shop on Medená 29 in Bratislava, the ordered goods are
being reserved (ready for being taken over) 7 working days after the day of the
confirmation of the order.
3. The Seller mails the goods to the Purchaser only through
SLOVENSKÁ POŠTA, a. s. (Slovak Post, a. s.).
4. In the case of mailing of the goods through post (after
the payment of the purchase price in advance including the postage and package
costs), the ordered goods will be despatched within 2 working days after the
payment of the purchase price.
5. In the case of cash on delivery the
ordered goods will be despatched within 2 working days after the confirmation
of the order.
6. The seller shall not be responsible for a delayed
delivery and damages on the goods caused by the carrier.
Article 4
Postage and Package
1. If the Seller sends
goods to the Purchaser through mail, he charges the Purchaser postage and
package (hereinafter together only as „postage“).
2. If the ordered goods with
VAT are equal or more than 50,-€ and the delivery takes place on the territory
of Slovak Republic, the postage is free.
3. If the goods are being
delivered on the territory of Slovak Republic and their value included VAT is
less than 50 €, the Seller charges the Purchaser a fixed postage in the
following manner:
a) payment in advance
(credit card, banking transfer)......................... 4,- €,
b) cash on delivery of the
ordered goods
................................ 5,- €,
4. If the goods are being
delivered on the territory of Czech Republic, the Seller charges the Purchaser
a fixed postage according with the overall price of the ordered goods in the
following manner:
a) the price of the ordered
goods with VAT is less than (equals) 50,-€..........postage 7,50- €,
b) the price of the ordered goods with VAT is more than 50,- €...................postage
12,- €,
5. If the goods are
being delivered on the territory of other countries of The European Union, the
Seller charges the Purchaser a fixed postage according to the overall price of
the ordered goods in the following manner:
a) the price of the ordered
goods with VAT is less (equals) 50,- €............postage 12,- €,
b) the price of the ordered
goods with VAT is more than 50,- € .......................postage
18,- €,
6. If the goods are being delivered on the
territory of other states of the world, the Seller charges the Purchaser a
fixed postage according with the overall price of the ordered goods in the
following manner:
a) the price of the ordered goods with VAT is less (equals) 50,-
€............postage 25,- €,
b) the price of the ordered goods with VAT is more than 50, - €.......................postage 35,- €,
7. In the case of the
dividing of one order to more mailings based on the reason that the Seller does
not have at the moment the ordered goods in storage, the Seller invoices
postage and package only once (after the shipment of the first part of the
order) and the postage regarding the rest of the order is being paid by the
Seller.
Article 5
Return of the goods
1. The Purchaser – consumer has the right to retreat from a
concluded contract without stating the reason within 7 working days after the
hand-over of the goods.
2. It is not possible to return ordered goods which are
taken over in person in the store.
3. The goods must be sent
back by the Purchaser to the Seller in the original package, unused and
undamaged. Adequate care for the goods must be preserved. It is necessary to
send back in the mentioned term together with the goods:
- the document asserting
the purchase of the goods,
- the filled-in form for
the return of the goods.
4. The goods together
with the mentioned documents must be send back by the Purchaser to the Seller
to the below mentioned address with the remark „Return of the goods“:
Music fund
Medená 29
811 02 Bratislava
Slovak Republic.
5. The Seller indicates that Purchaser cannot retreat from
the contract, whose object is the sale of an audio-visual work, voice recording
or a voice-image recording of an artistic performance or a multi-media work,
which package was unwrapped by the Purchaser.
6. The finance liquids will be returned to the Purchaser
according with the provision of the applicable statute within 14 days via a
bank transfer to the account, which is indicated by the Purchaser or after an
coinciding accord will be handed out in person in seat of the Seller.
7. The expenses for the turn-back of the goods are payed by
the Purchaser. Goods sent by cash on delivery are not taken over. We recommend
to insure the mailing.
Article 6
Conditions for the
guarantee
1. If the goods are
obviously defective, that means especially if the goods are being handed over
in a damaged transport package, the Purchaser is entitled to not take over the
goods. In such case the right of the Purchaser to receive a proper performance
of the Seller or a return of the purchase cost according to the choice of the
Purchaser.
3. A legal 24 months guarantee from the date of purchase
applies on each of the sold goods.
4. The guarantee does not apply to mechanical damages of the
goods by the seller, the usage of the goods by the Purchaser in inappropriate
or improper conditions, incompetent handling, incorrect manipulation and usage
of the goods, incorrect service of the goods.
Article 7
Execution of customer
complaints
1. A customer complaint has to be invoked in the seat of the
Seller or by mail.
2. The Seller is obliged to handle the complaint and to
finalize the complaint proceeding by one of the
a)
change of the goods,
b) return of the purchase price of the goods,
c)
payment of a reasonable reduction from the price of the goods,
d)
reasoned rejection of the complaint.
3. The Seller issues on the date of the acceptance of the
customer complaint a document regarding the acceptance of the customer complaint
to the customer,
4. The Seller shall decide about the complaint within 30
days from the invocation of the complained goods at latest
5. The Seller is obliged to handle the complaint and to
finalize the complaint proceeding by one of the mentioned manners:
a)
change of the goods,
b)
return of the purchase price of the goods,
c)
payment of a reasonable reduction from the price of the goods,
d)
reasoned rejection of the complaint.
6. In the case that the complained goods
delivered by mail or courier to the seat of the Seller, the Seller takes them
over, controls the dispatch, documents (invoice, receipt, package), the
decisive date regarding the duration of the term of the complaint is the date
of the acceptance from the courier or the mail courier. It is recommended to
the Purchaser to insure the mailing of the complained goods. Mailings cash on
delivery of the complained goods are not accepted by the Seller.
Article 8
Final Provisions
1. These Commercial Terms and Complaint
Order shall be effective from 12st of October 2018.