Terms and Conditions

0. CORONAVIRUS-RELATED DEVIATIONS
0.1 Until further notice, we are only open for business as defined in Section 420 et seq. of the Civil Code, who will use the premises exclusively for their business or profession. Reservations for consumers within the meaning of Section 419 of the Civil Code are prohibited. The number of persons inside the premises is limited to a maximum of 4 persons until further notice.

0.2 By agreeing to these Terms and Conditions and making a reservation, the Buyer represents to the Seller that it complies with the terms and conditions of paragraph 0.1 of these Terms and Conditions and furthermore that it will comply with all regulations, measures and other regulations of the government and other state bodies applicable to it when using the premises of the Karlak Testing Room.

0.3 The preceding paragraphs of this Article shall apply only in the event that current generally binding measures (e.g. government resolutions) do not provide for more lenient measures; in such case, such lesser measures shall apply.

1. INTRODUCTORY PROVISIONS
1.1 These Terms and Conditions of Business (hereinafter referred to as "Terms and Conditions") of the company MUSIC WARS s.r.o., with registered office at 28. října 375/9, Prague 1 - Staré Město, Postal Code 110 00, ID No. 06353339, registered in the Commercial Register kept by the Municipal Court in Prague, Section C, Insert 280754 (hereinafter referred to as "Seller") regulate in accordance with the provisions of Section 1751(1) of Act No. 89/2012 Coll, Civil Code, as amended (hereinafter referred to as the "Civil Code"), the mutual rights and obligations of the parties arising in connection with or on the basis of a contract for the provision of services (hereinafter referred to as the "Service Contract") and a purchase contract (hereinafter referred to as the "Purchase Contract") concluded between the Seller and another natural person (hereinafter referred to as the "Buyer") through the Seller's website, which is located at www. zkusebnakarlak.cz (hereinafter referred to as the "Website"), through the on-line form and booking system of the Website (hereinafter referred to as the "Web interface of the Shop").

1.2 Provisions deviating from the terms and conditions may be agreed in the service contract. Deviating provisions in the service contract take precedence over the provisions of the terms and conditions.

1.3 The provisions of the Terms and Conditions are an integral part of the Service Contract. The service contract and the terms and conditions are drawn up in the Czech language. The Service Contract can be concluded in the Czech language as well as in the languages listed in the web interface of the shop.

1.4 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 period of validity of the previous version of the Terms and Conditions.

2. USER ACCOUNT
2.1 Based on the registration of the Buyer made on the Website, the Buyer can access his user interface. From his/her user interface, the Buyer can order services and goods offered by the Seller (hereinafter referred to as "user account"). If the web interface of the Shop allows it, the Buyer may also order services and goods without registration directly from the web interface of the Shop.

2.2 When registering on the website and ordering services and goods, the Buyer is obliged to provide all the information correctly and truthfully. The Buyer is obliged to update the information provided in the user account in case of any change. The information provided by the Buyer in the user account and when ordering services shall be deemed correct by the Seller.

2.3 Access to the user account is secured by a user name and password. The Buyer is obliged to maintain the confidentiality of the information necessary to access his user account.

2.4 The Buyer is not entitled to allow third parties to use the user account.

2.5 The Seller may cancel the user account, in particular, but not exclusively, in the event of:

2.5.1. when the Buyer has not used his user account for more than 1 year;

2.5.2. where the Buyer breaches its obligations under the Service Agreement or the Purchase Agreement (including these Terms and Conditions);

2.5.3. where the Buyer commits an act in relation to the Seller which is contrary to law or good morals.

2.6 The Buyer acknowledges that the User Account may not be available continuously, in particular with regard to necessary maintenance of the Seller's hardware and software equipment or necessary maintenance of hardware and software equipment of third parties.

3. CONCLUSION OF A SERVICE CONTRACT
3.1 The web interface of the shop contains information about services and goods, including the prices of individual services and goods. The prices of services and goods are inclusive of value added tax and all related charges. The prices of services and goods remain valid for as long as they are displayed on the web interface of the shop. This provision does not restrict the seller's ability to conclude a service contract or purchase contract on individually agreed terms.

3.2 In the event that the Buyer purchases both service(s) and goods (e.g. discount vouchers, preloaded credit cards or gift cards, all in both electronic and paper form) from the Seller, the web interface shall also contain information on the costs associated with the packaging and delivery of such goods. The information on the costs associated with the packaging and delivery of goods provided in the web interface of the shop is valid only in cases where the goods are delivered within the Czech Republic.

3.3 To order services or goods, the Buyer shall fill in the relevant form in the web interface of the Shop. The form contains in particular information about:

3.3.1. the ordered service or goods;

3.3.2. the method of payment of the price for the provided services or goods;

3.3.3. the required method of delivery of any goods ordered; and 3.3.4. information on the costs associated with the delivery of any goods. (hereinafter collectively referred to as the "Order").

3.4 Prior to sending the Order to the Seller, the Buyer shall be allowed to check and amend the data entered by the Buyer in the Order, including with respect to the Buyer's ability to identify and correct errors made in entering data into the Order. The Buyer sends the order to the Seller by clicking on the "Order" button. The data provided in the order are considered correct by the Seller. The Seller shall confirm receipt of the order to the Buyer immediately upon receipt by e-mail to the Buyer's e-mail address specified in the user account or in the order (hereinafter referred to as the "Buyer's e-mail address").

3.5 Depending on the nature of the order, the Seller is always entitled to ask the Buyer for additional confirmation of the order (e.g. by e-mail or telephone).

3.6 The contractual relationship between the Seller and the Buyer is established by the delivery of the acceptance of the order (acceptance), which is sent by the Seller to the Buyer by e-mail, to the Buyer's e-mail address.

3.7 The Buyer agrees to the use of remote means of communication in concluding the purchase contract. The costs incurred by the Buyer in the use of remote means of communication in connection with the conclusion of the Purchase Contract (costs of internet connection, costs of telephone calls) shall be borne by the Buyer himself and shall not differ from the basic rate.

4. PRICE OF SERVICES AND GOODS AND PAYMENT TERMS
4.1 The Buyer may only pay the price of the services under the Service Contract to the Seller in cashless form via a secure payment gateway.

4.2 The Buyer may only pay the price of the Goods and the costs associated with any delivery of the Goods under the Contract of Sale to the Seller on a cashless basis through a secure payment gateway.

4.3 In the case of payment according to Article 4.1 and 4.2 of these Terms and Conditions, the price for services (or goods) is payable at the moment of conclusion of the contract, i.e. at the moment of clicking the "Order" button, or at the moment of sending the order confirmation by the Seller to the Buyer.

4.4 The Seller is entitled, especially in the event that there is no additional order confirmation from the Buyer (Article 3.6), to demand payment of the full price for the services (or goods) before sending the code through which the Karlak Testing Room can be accessed (or before sending the goods). Section 2119 (1) of the Civil Code does not apply.

4.5 Any discounts on the price of services or goods provided by the Seller to the Buyer cannot be combined.

4.6 If it is customary in the course of business or if it is provided for by generally binding legal regulations, the Seller shall issue a tax document - an invoice - to the Buyer in respect of payments made on the basis of a contract for the provision of services, or in respect of payments made on the basis of a purchase contract. The Seller is not subject to value added tax. The Seller shall issue the tax document - invoice to the Buyer after payment of the price of the services or goods and send it in electronic form to the Buyer's electronic address. If the Buyer does not agree with this procedure, he can write to the Seller at e-mail info @ zkusebnakarlak . cz (without spaces) and the Seller will issue the tax document in paper form.

4.7 According to the Sales Records Act, the Seller is obliged to issue a receipt to the Buyer. At the same time, he is obliged to register the received sales with the tax administrator online; in case of technical failure, then within 48 hours at the latest.

5. CANCELLATION OF THE SERVICE CONTRACT (I.E. WHEN BOOKING A TEST ROOM)
5.1 The Buyer acknowledges that according to the provisions of Section 1837 (a) of the Civil Code, he/she cannot withdraw from the service contract (i.e. when booking a test room).

6. WITHDRAWAL FROM THE PURCHASE CONTRACT
6.1 The Buyer acknowledges that if he purchases goods on the web interface (e.g. paper discount coupons, paper pre-loaded credits or paper gift vouchers), a separate purchase contract is concluded which is independent of the service contract. If such goods are customised by or for the purchaser or if the goods are electronic in content (e.g. electronic discount code or electronic prepaid credit), the purchaser has no right to withdraw from such contract.

6.2 Only in the absence of the cases referred to in Article 6.1 of the Terms and Conditions or in any other case where the Purchase Contract cannot be withdrawn from under the Civil Code, the Buyer shall have the right to withdraw from the Purchase Contract within fourteen (14) days of receipt of the Goods in accordance with the provisions of Section 1829(1) of the Civil Code, provided that if the subject of the Purchase Contract is several types of Goods or the delivery of several parts, this period shall run from the date of receipt of the last delivery of the Goods. The withdrawal from the purchase contract must be sent to the Seller within the period specified in the previous sentence. For withdrawal from the purchase contract, the buyer may use the sample form provided by the seller, which is attached as Annex 1 to the terms and conditions. The Buyer may send the withdrawal from the Purchase Contract, among others, to the Seller's business address or to the Seller's e-mail address info @ zkusebnakarlak . cz (without spaces).

6.3 In the event of withdrawal from the Purchase Contract pursuant to Article 6.2 of the Terms and Conditions, the Purchase Contract shall be cancelled from the outset. The goods must be returned by the Buyer to the Seller within fourteen (14) days of the delivery of the withdrawal from the Purchase Agreement to the Seller. If the Buyer withdraws from the Purchase Contract, the Buyer shall bear the costs of returning the goods to the Seller, even if the goods cannot be returned due to their nature by normal postal means.

6.4 In the event of withdrawal from the Purchase Contract pursuant to Article 6.2 of the Terms and Conditions, the Seller shall return the funds received from the Buyer within fourteen (14) days of the Buyer's withdrawal from the Purchase Contract in the same manner as the Seller received them from the Buyer. The Seller shall also be entitled to return the performance provided by the Buyer already upon return of the goods by the Buyer or in another manner, provided that the Buyer agrees and no additional costs are incurred by the Buyer. If the buyer withdraws from the purchase contract, the seller is not obliged to return the received funds to the buyer before the buyer returns the goods to him or proves that he has sent the goods to the seller.

6.5 The Seller shall be entitled to unilaterally set off the claim for payment for damage to the goods against the Buyer's claim for reimbursement of the purchase price.

6.6 In cases where the Buyer has the right to withdraw from the Purchase Contract in accordance with the provisions of Section 1829 (1) of the Civil Code, the Seller is also entitled to withdraw from the Purchase Contract at any time until the Buyer has taken delivery of the goods. In this case, the Seller shall refund the purchase price to the Buyer without undue delay, in cash to the account designated by the Buyer.

6.7 If a gift is provided to the Buyer together with the goods, the gift contract between the Seller and the Buyer is concluded with the condition that if the Buyer withdraws from the purchase contract, the gift contract with respect to such gift shall cease to be effective and the Buyer shall be obliged to return the gift together with the goods to the Seller.

7. TRANSPORT AND DELIVERY OF THE GOODS
7.1 In the event that a method of transport is agreed upon at the Buyer's specific request, the Buyer shall bear the risk and any additional costs associated with such method of transport.

7.2 If the Seller is obliged under the Purchase Contract to deliver the goods to the place specified by the Buyer in the order, the Buyer is obliged to take delivery of the goods upon delivery. 7.3 If for reasons on the Buyer's side it is necessary to deliver the goods repeatedly or by a different method than specified in the order, the Buyer is obliged to pay the costs associated with the repeated delivery of the goods or the costs associated with a different method of delivery.

7.4 Upon receipt of the goods from the carrier, the Buyer shall check the integrity of the packaging of the goods and in the event of any defects, notify the carrier immediately. In the event that the packaging is found to be damaged, indicating unauthorised intrusion into the shipment, the Buyer may not accept the shipment from the carrier.

7.5 Other rights and obligations of the parties in the carriage of goods may be regulated by the Seller's special delivery conditions, if issued by the Seller.

8. RIGHTS ARISING FROM DEFECTIVE PERFORMANCE
8.1 The rights and obligations of the parties with regard to rights of defective performance are governed by the applicable generally binding legal provisions (in particular the provisions of Sections 1914 to 1925, Sections 2099 to 2117 and Sections 2161 to 2174 of the Civil Code and Act No. 634/1992 Coll., on Consumer Protection, as amended).

8.2 The Seller shall be liable to the Buyer that the goods are free from defects upon receipt. In particular, the Seller shall be liable to the Buyer that at the time the Buyer took delivery of the goods:

8.2.1. the goods have the characteristics agreed between the parties and, in the absence of agreement, have the characteristics described by the seller or the manufacturer or expected by the buyer in view of the nature of the goods and on the basis of the advertising carried out by them,

8.2.2. the goods are fit for the purpose for which the seller states they are to be used or for which goods of that kind are usually used,

8.2.3. the goods correspond in quality or workmanship to the agreed sample or specimen if the quality or workmanship was determined by reference to the agreed sample or specimen,

8.2.4. the goods are in the appropriate quantity, measure or weight; and

8.2.5. the goods comply with the requirements of the legislation.

8.3 The provisions set out in Article 8.2 of the Terms and Conditions shall not apply to goods sold at a lower price to the defect for which the lower price was agreed, to wear and tear caused by normal use of the goods, to a defect in second-hand goods corresponding to the level of use or wear and tear which the goods had when taken over by the buyer, or if this results from the nature of the goods.

8.4 If the defect manifests itself within six months of receipt, the goods shall be deemed to have been defective upon receipt. The buyer is entitled to assert a right to claim for a defect that occurs in consumer goods within twenty-four months of receipt.

8.5 The Buyer shall assert the rights arising from defective performance at the Seller's business address where the acceptance of the claim is possible with regard to the range of goods sold, or at the registered office or place of business.

8.6 Other rights and obligations of the parties related to the Seller's liability for defects may be regulated by the Seller's Complaints Regulations.

9. OTHER RIGHTS AND OBLIGATIONS OF THE PARTIES
9.1 The Buyer acquires ownership of the Goods upon payment of the full purchase price of the Goods. 9.2 The Seller is not bound by any codes of conduct in relation to the Buyer within the meaning of Section 1826(1)(e) of the Civil Code.

9.3 Consumer complaints are handled by the Seller via the electronic address info @ zkusebnakarlak . cz (without spaces). The Seller shall send information on the handling of the Buyer's complaint to the Buyer's electronic address.

9.4 The Czech Trade Inspection Authority, with its registered office at Štěpánská 567/15, 120 00 Prague 2, ID No.: 000 20 869, internet address: https://adr.coi.cz/cs, is competent for out-of-court settlement of consumer disputes arising from the purchase contract. The online dispute resolution platform located at http://ec.europa.eu/consumers/odr can be used to resolve disputes between the seller and the buyer under the purchase contract.

9.5 The European Consumer Centre Czech Republic, located at Štěpánská 567/15, 120 00 Prague 2, internet address: http://www.evropskyspotrebitel.cz is the contact point under 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).

9.6 The Seller is authorised to sell goods on the basis of a trade licence. Trade control is carried out within the scope of its competence by the competent trade authority. Supervision of the protection of personal data is exercised by the Office for Personal Data Protection. The Czech Trade Inspection Authority supervises, among other things, compliance with Act No. 634/1992 Coll., on Consumer Protection, as amended.

9.7 The Buyer hereby assumes the risk of change of circumstances within the meaning of Section 1765(2) of the Civil Code.

10. PROTECTION OF PERSONAL DATA
10.1 The protection of personal data is governed by the Privacy Policy, which is available at www.zkusebnakarlak.cz/privacy-policy/ and forms an integral part of these Terms and Conditions.

11. SENDING COMMERCIAL COMMUNICATIONS AND STORING COOKIES
11.1 The Buyer consents to the Seller sending information relating to the Seller's goods, services or business to the Buyer's electronic address and further consents to the Seller sending commercial communications to the Buyer's electronic address.

11.2 The Buyer agrees to the storage of cookies on his computer. In the event that a purchase can be made on the website and the Seller's obligations under the Purchase Contract can be fulfilled without cookies being stored on the Buyer's computer, the Buyer may revoke the consent under the previous sentence at any time.

12. SHIPPING
12.1 The Buyer may be delivered to the Buyer's electronic address indicated in the Buyer's user profile.

13.
13.1 The uploading and use of credit is subject to these terms and conditions, which form an integral part of these terms and conditions.

14. CANCELLATION TERMS
14.1 Buyers may cancel (cancel) a booking free of charge, but only within 48 hours of the start of the booking, subject to the conditions set out below. If there is less than 48 hours remaining until the booked time, the Buyer will be refunded 50% of the amount of the cancellation.

14.2 The reservation can be cancelled, after the conditions of the previous clause have been met, by logging into the Buyer's user account at https://rezervace.zkusebnakarlak.cz/ after viewing the "my reservation" section. The Buyer can then select the booking they wish to cancel and cancel the booking by clicking on the booking details.

14.3 The funds used by the Buyer to pay for the booking will be automatically transferred to the credit of that user account upon cancellation. The Buyer can use this credit to pay for further bookings.

15. FINAL PROVISIONS
15.1 If the legal relationship based on a service contract or a purchase contract contains an international (foreign) element, then the parties agree that the relationship is governed by Czech law.

15.2 By choosing the law according to Article 15.1 of the Terms and Conditions, the consumer is not deprived of the protection afforded by the provisions of the legal order which cannot be derogated from contractually and which would otherwise apply in the absence of a choice of law according to the provisions of Article 6(1) of Regulation (EC) No 593/2008 of the European Parliament and of the Council of 17 June 2008 on the law applicable to contractual obligations (Rome I).

15.3 If any provision of the Terms and Conditions is or becomes invalid or ineffective, the invalid provision shall be replaced by a provision whose meaning is as close as possible to the invalid provision. The invalidity or ineffectiveness of one provision shall not affect the validity of the other provisions.

15.4 The Service Contract, the Purchase Contract including the Terms and Conditions shall be archived by the Seller in electronic form and shall not be accessible.

15.5 A sample form for withdrawal from the Purchase Agreement is attached to the Terms and Conditions.

15.6 Contact details of the Seller: the address for delivery is 28. října 375/9, Prague 1 - Staré Město, Postal Code 110 00, the e-mail address is info @ zkusebnamustek . cz (without spaces).

15.7 These Terms and Conditions, including their components, are valid and effective as of 12 March 2020 and cancel the previous version of the Terms and Conditions, including its components, and are available at the Seller's registered office or electronically at https://rezervace.zkusebnakarlak.cz/terms.

ANNEX 1: SAMPLE FORM FOR WITHDRAWAL FROM THE PURCHASE CONTRACT
PLEASE NOTE: The Service Contract (reservation of a testing room for a specific period of time) cannot be cancelled in accordance with Section 1837(a). Nor can a contract of sale be rescinded for goods that are customized to the buyer's wishes or for the buyer's person, or if the goods are electronic in nature (e.g., an electronic discount code or electronic prepaid credit). For more info see articles 5 and 6 of the terms and conditions.

Your name:
Your address:
Your telephone and email:

MUSIC WARS Ltd.
ID 06353339
Registered office 28. října 375/9, Staré Město, Prague 1, Postal Code 110 00
V ..................... on .........

Withdrawal from a distance purchase contract Hello, on............... I concluded a purchase contract through your website www.zkusebnakarlak.cz, the subject of which was the goods ..................... I received the goods on ............ from .......................................... The parcel was delivered in intact packaging and in perfect condition.

Since the goods did not meet my expectations, I decided to exercise my right to withdraw from the above-mentioned purchase contract in accordance with the wording of Section 1829(1) of Act No. 89/2012 Coll., the Civil Code.

I am sending the goods back to you in a separate shipment and at the same time I ask you to remit the purchase price, including the cost of postage in the amount of .............................,- CZK to my bank account No. ........................... within 14 calendar days of receipt of this withdrawal.

Yours sincerely .............................................. (signature)