Terms and Conditions

of Baroque Opera Stars s.r.o.,
registered office at Mánesova 813/4, 120 00 Prague 2,
identification number: 29412404,
registered in the Commercial Register
kept at the Municipal Court in Prague, Section C, Insert 204905.
and
Collegium 1704 o.p.s.
registered office at Mánesova 813/4, 120 00 Prague 2,
identification number: 26530571,
registered in the Commercial Register
kept at the Municipal Court in Prague, Section O, Insert 1421
1. INTRODUCTORY PROVISIONS

1.1. These Terms and Conditions (hereinafter referred to as the ‘Terms and Conditions’) of the limited liability company Baroque Opera Stars s.r.o., registered office at Mánesova 813/4, 120 00 Prague 2, identification number: 29412404, entered in the Commercial Register kept by the Municipal Court in Prague, Section C, Insert 204905 (hereinafter also referred to as the ‘Vendor’) regulate, in accordance with the provisions of § 1751, par. 1 of Act No. 89/2012 Coll., the Civil Code (hereinafter the ‘Civil Code’) the mutual rights and obligations of the parties arising from any contract of sale concluded between the Vendor and another natural person (hereinafter referred to as a ‘Purchaser’) through the internet shop of the Vendor (hereinafter ‘contract of sale’) or in connection with the contract of sale.
1.2. These Terms and Conditions are also the Terms and Conditions of the charitable trust Collegium 1704, o.p.s., with registered address at Mánesova 813/4, 120 00 Prague 2, identification number: 26530571, registered at the Municipal Court in Prague, section O, no. 1421, which accepts donations and uses them to support the activities of the Baroque Orchestra Collegium 1704.
1.3. The online shop is operated on a website located at the internet address www.collegium1704.com (hereinafter the ‘website’) through the website’s interface (the ‘shops’s web interface’). The founder of the website is Collegium 1704, o.p.s [community interest society] (registered office at Mánesova 813/4, 120 00 Prague 2, identification number: 26530571, entered in the register of community interest societies, kept at the Municipal Court in Prague, Section O, Insert 1421), which uses this website to carry out sales on behalf of the company Baroque Opera Stars s.r.o. by means of an internet shop. Baroque Opera Stars s.r.o. is a trading company that works closely with Collegium 1704, o.p.s. and participates in the business aspects of its activities.
1.4. The Terms and Conditions apply to sales of goods to natural persons – non-entrepreneurs. The Terms and Conditions do not apply to sales to legal persons or persons ordering goods as part of their business activity or independent profession.
1.5. Provisions deviating from the Terms and Conditions may be negotiated in a contract of sale. Deviating arrangements in the contract of sale take precedence over the provisions of the Terms and Conditions.
1.6. The provisions contained in the Terms and Conditions constitute an integral part of any contract of sale. Each contract of sale and the Terms and Conditions are drawn up in the Czech language.
1.7. The Vendor may amend or supplement the wording of the Terms and Conditions. This provision is without prejudice to rights and obligations arising during the period of validity of any previous wording of the Terms and Conditions.

2. CONTRACT OF SALE CONCLUSION

2.1. The Purchaser orders goods without registration, directly from the web interface of the shop.
2.2. All presentations of any goods placed in the shop’s web interface are of an informative nature and do not constitute any kind of offer.
2.3. The shop’s web interface contains information about goods, including statements of the prices of individual goods. Prices of goods are listed including value added tax. The prices of goods remain valid for as long as they are displayed by the shop’s web interface. This provision does not restrict the ability of the Vendor to conclude contracts of sale under individually negotiated terms.
2.4. The shop’s web interface also contains information on the costs associated with the packaging and delivery of goods. This information is set differently for deliveries within the territory of the Czech Republic and abroad.
2.5. To order goods, the Purchaser must fill in the order form in the shop’s web interface. The order form includes, in particular, information on:
2.5.1. the goods being ordered (the Purchaser ‘places’ goods into an electronic shopping basket in the shop’s web interface);
2.5.2. the method of payment of the purchase price of the goods, details of the required delivery method for the goods ordered; and
2.5.3. information on the costs associated with the supply of the goods (collectively referred to as an ‘order’).
2.6. Before sending an order to the Vendor, the Purchaser is allowed to check and modify the data which the Purchaser has specified in the order, including the option for the Purchaser to find and correct any errors that have occurred when entering data during the ordering process. The Purchaser then sends the order to the Vendor by clicking on the ‘Confirm order’ button. The data stated in the order are deemed correct by the Vendor. Upon receipt of an order, the Vendor confirms this receipt to the Purchaser via an email message to the Purchaser’s email address specified in his or her user account or in the order (the ‘Purchaser’s email address’).
2.7. At any time, the Vendor is entitled to ask the Purchaser for additional order confirmation (e.g. in writing or by phone), depending on the nature of the order (quantity of goods, purchase price, estimated shipping costs).
2.8. The contractual relationship between the Vendor and the Purchaser arises upon the receipt (acceptance) of an order, which the Vendor sends to the Purchaser by email, namely to the Purchaser’s email address.
2.9. The Purchaser agrees to the use of remote means of communication when entering into the Sales contract. Costs incurred by the Purchaser when using remote means of communication in connection with the conclusion of a contract of sale (e.g. costs of internet connection or telephone call costs) shall be paid by the Purchaser, whereby these costs shall not deviate from the basic rate.

3. PRICE OF GOODS AND PAYMENT CONDITIONS

3.1. The price of the goods and any costs associated with their delivery according to the contract of sale may be paid by the Purchaser to the Vendor in the following ways:
– in cash at the Vendor’s premises at the address Mánesova 1374/53, 120 00 Prague 2, 4th floor (by prior arrangement);
– in cash upon delivery at the place specified by the buyer in the order;
– cashless via the GoPay payment system; or
– using a cashless payment card via the GoPay payment system.
3.2. Together with the purchase price, the Purchaser is also obliged to pay the Vendor the costs associated with the packaging and delivery of the goods in the agreed amount. Unless stated otherwise, the purchase price shall further include the costs associated with the delivery of the goods.
3.3. In the case of cash payment or cash on delivery, the purchase price is payable upon receipt of the goods. In the case of a cashless payment, the purchase price is payable immediately. If the cashless payment of the purchase price is not made within the specified time, the Vendor shall provide the buyer with an alternative payment option.
3.4. In the case of cashless payment, the obligation of the Purchaser to pay the purchase price is fulfilled at the moment at which the relevant amount is credited to the Vendor’s account.
3.5. The Vendor is entitled, in particular if the Purchaser fails to provide additional confirmation of the order (Art. 2.6), to demand payment of the full purchase price before sending the goods to the buyer. In such a case, the buyer is obliged to pay the purchase price before he or she has the opportunity to inspect the consignment, and the provisions of § 2119, par. 1, the first clause of the Civil Code will not apply.
3.6. It is not possible to combine any discounts on the price of goods provided by the Vendor to the Purchaser.

4. CONTRACT OF SALE REPUDIATION

4.1. The Purchaser acknowledges that it is not possible to withdraw from any contract of sale on the supply of audio or video recordings if he or she has broken the original packaging, in accordance with the provision of § 1837, par. h) of the Civil Code.
4.2. In cases other than mentioned in Art. 4.1. or in another case where it is not possible to withdraw from the purchase contract, the Purchaser has the right to withdraw from the contract of sale within fourteen (14) days of the receipt of the goods, and if multiple types of goods or the supply of several parts are the subject of the contract of sale, this period starts on the date of the receipt of the last delivery of goods, in accordance with the provisions of § 1829, par. 1 of the Civil Code. Notice of withdrawal from the Purchase agreement must be sent to the Vendor within the time limit specified in the previous clause. Withdrawal from the purchase contract may be sent by the buyer to the address of the Vendor’s office or to the Vendor’s email address info@collegium1704.com.
4.3. In the case of withdrawal from the contract of sale under Art. 4.2. the agreement is cancelled from the beginning. The Purchaser must return the goods to the Vendor within fourteen (14) days after the withdrawal of the contract of sale. If the Purchaser withdraws from the contract of sale, the cost of returning the goods to the Vendor shall be at the Purchaser’s expenses, even if the nature of the goods means that it or they cannot be returned by normal post methods.
4.4. In the case of withdrawal from the contract of sale under Art. 4.2. the Vendor shall return the funds received from the Purchaser within fourteen (14) days of the withdrawal from the contract of sale in the same manner in which the Vendor received them from the Purchaser. The Vendor is also entitled to return the performance provided by the Purchaser already upon return of the goods by the Purchaser or otherwise, if the Purchaser agrees to this and if no additional costs are thus incurred by the Purchaser. If the Purchaser withdraws from the contract of sale, the Vendor is not obliged to return the received funds to the Purchaser before the Purchaser has returned the goods or demonstrated that he or she has sent the goods to the Vendor.
4.5. The Vendor is entitled to unilaterally settle a claim for damages against the Purchaser’s claim for the return of the purchase price.
4.6. Until the Purchaser accepts the goods, the Vendor is entitled to withdraw from the contract of sale at any time. In such a case, the Vendor shall reimburse the Purchaser for the purchase price without undue delay, cashlessly, to the account specified by the Purchaser.
4.7. If a gift is provided to the Purchaser together with the goods, a gift agreement between the Vendor and the Purchaser shall be entered into on the condition that, if the Purchaser withdraws from the Sales contract, the gift agreement shall expire and the Purchaser shall be obliged to return the goods together with the gift provided by the Vendor.

5. TRANSPORT AND DELIVERY OF GOODS

5.1. If a mode of transport is agreed upon on the basis of a special request of the Purchaser, the Purchaser shall bear the risk and any additional costs associated with this mode of transport.
5.2. Once the Vendor is obliged to deliver goods to a place specified by the Purchaser in an order, the Purchaser is obliged to receive the goods upon delivery.
5.3. If, for reasons on the Purchaser’s side, it is necessary to deliver the goods repeatedly or in a manner other than that specified in the order, the Purchaser is obliged to meet the costs associated with the repeated delivery of the goods and/or the costs associated with the other means of delivery or costs associated with another method of delivery.
5.4. Upon receipt of goods from a carrier, the Purchaser is required to check the integrity of the packaging of the goods and, in the event of any defects, to notify the carrier of these defects without undue delay. In the event of an assumed breach of the packaging, indicating unauthorized violation of the consignment, the Purchaser is not required to accept the consignment from the carrier.

6. RIGHTS UNDER DEFECTIVE PERFORMANCE (COMPLAINTS)

6.1. The rights and obligations of the Contracting Parties in respect of rights arising from defective performance shall be 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).
6.2. The Vendor is liable to the Purchaser for the fact that the goods are free of defects. In particular, the Vendor is liable to the Purchaser to ensure that, at the time when the Purchaser receives the goods,
6.2.1. the goods have the properties agreed upon by the Contracting Parties, and if no agreement is in place, that the goods shall have the properties as described by the Vendor or the manufacturer, or which the Purchaser was expecting with regards to the nature of the goods and on the basis of what was implied in the advertisement;
6.2.2. the goods are suitable for the purpose indicated by the Vendor or for which goods of this type are normally used;
6.2.3. the goods correspond to the quality or performance of the agreed sample or original, if the quality or design was determined on the basis of the agreed sample or original;
6.2.4. the goods are provided in the appropriate quantity, degree or weight; and that
6.2.5. the goods comply with legal requirements.
6.3. The provisions listed in Art. 6.2. shall not apply to goods sold at a lower price for the defect for which the lower price was agreed, to wear of goods caused by their normal use, in cases of second-hand goods to any defect corresponding to the degree of use or wear and tear that the goods had when received by the buyer, when it is received by the Purchaser, or if the defect is caused by the nature of the goods.
6.4. If a defect occurs within six months of delivery, it is deemed that the goods were defective at the time of delivery.
6.5. The Purchaser shall exercise the rights arising from defective performance at the address of the commercial premises of the Vendor, at which acceptance of the complaint is possible with regard to the range of goods sold, or even at the Vendor’s registered office. Considered the moment of claim is the moment when the Vendor receives from the Purchaser the goods being the subject of the claim.
6.6. Other rights and obligations of the Contracting Parties related to the Vendor’s liability for defects may be regulated by the Vendor’s claim rules.

7. FURTHER RIGHTS AND OBLIGATIONS OF THE CONTRACTING PARTIES

7.1. The Purchaser acquires ownership of the goods by paying the full purchase price of the goods.
7.2. Vendor voluntarily undertakes to follow the rules of decency. Towards the Purchaser, the Vendor is not bound by codes of conduct in the sense of the provisions of § 1826, par. 1, point. e) of the Civil Code.
7.3. Out-of-court settlement of consumer complaints is ensured by the Vendor via the email address info@collegium1704.com or through the Vendor’s legal representative, who also provides a mediation (conciliation) service. The Vendor shall send the Purchaser information on the processing of his or her claim to the Purchaser’s email address.
7.4. The Vendor is authorized to sell goods on the basis of a trade licence. Activities performed on the basis of a trade licence shall be inspected by the relevant trade licensing office within the scope of its competence. Supervision over the area of personal data protection area is exercised by the Office for Personal Data Protection. To the extent limited by applicable law, the Czech Trade Inspection Authority supervises, inter alia, the observance of Act No. 634/1992 Coll. on consumer protection, as amended.
7.5. The Purchaser hereby accepts the risk of a change in circumstances in the sense of § 1765, par. 2 of the Civil Code.

8. PERSONAL DATA PROTECTION

8.1. The protection of the personal data of the Purchaser that is a natural person is provided under Act No. 101/2000 Coll. on the protection of personal data, as amended.
8.2. The Purchaser consents to the processing of the following personal data: name and surname, address of residence, identification number, tax identification number, email address, telephone number (hereinafter collectively referred to as ‘personal data’).
8.3. The Purchaser agrees to the processing of personal data by the Vendor for the purpose of exercising the rights and obligations of the contract of sale and for the purpose of maintaining the user account. If the Purchaser does not choose another option, he or she consents to the processing of personal data by the Vendor, including for the purpose of sending information and commercial messages to the Purchaser. Consent to the processing of personal data in its entirety under this Article is not a condition that would make it impossible to conclude the contract of sale.
8.4. The Purchaser acknowledges that, when registering, in his or her user account and when ordering from the web interface of the shop, he or she is obliged to provide his or her personal data correctly and truthfully.
8.5. The Vendor may authorize a third party to process the Purchaser’s personal data as a processor of personal data. With the exception of persons transporting goods, the Vendor shall not pass on personal data to third parties without the Purchaser’s prior consent.
8.6. Personal data will be processed for an indefinite period of time. Personal data will be processed electronically in an automated manner or in printed form in a non-automated manner.
8.7. The Purchaser confirms that the personal data provided are accurate and that he or she has been informed that personal data are provided on a voluntary basis.
8.8. In the event that the Purchaser believes that the Vendor or Processor (Art. 8.5.) is processing his or her personal data in a manner that is contrary to the protection of the Purchaser’s private and personal life or is in breach of the law, in particular if personal data are inaccurate with regard to the purpose of its processing, the Purchaser may:
8.8.1. ask the Vendor or processor for an explanation and
8.8.2. require the vendor or processor to remedy the resulting condition.
8.9. If the Purchaser requests information on the processing of his or her personal data, the Vendor is required to provide this information. The Vendor has the right to request payment of an appropriate fee for the provision of information under the preceding clause. Such a fee must not exceed the cost of providing such information.

9. SENDING OF COMMERCIAL MESSAGES AND STORAGE OF COOKIES

9.1. The Purchaser consents to the sending of information related to the Vendor’s goods, services or business to the Purchaser’s email address and consents to the sending of commercial communication to the Purchaser’s email address.
9.2. The Purchaser consents to the storing of so-called cookies on his or her computer. If it is possible to make a purchase on the website and to meet the Vendor’s obligations under the contract of sale without the so-called cookies being stored on the Purchaser’s computer, the Purchaser may at any time withdraw his or her consent under the previous clause.

10. COMMUNICATIONS

10.1. Purchasers may receive messages to the email address specified in their orders.

11. FINAL PROVISIONS

11.1. If the relationship based on the Sales contract contains an international (foreign) element, then the Contracting Parties agree that the relationship shall be governed by Czech law. This is without prejudice to any consumer rights arising from generally binding legal regulations.
11.2. If any provision of these 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 one. The invalidity or ineffectiveness of one provision is without prejudice to the validity of the other provisions. Changes and amendments to the Sales contract or the Terms and Conditions must be made in written form.
11.3. Each contract of sale, including the Terms and Conditions, is archived by the Vendor in electronic form and is not accessible to the consumer.
11.4. Vendor’s contact details: delivery address Collegium 1704,Mánesova 1374/53, 120 00 Prague 2, email addressinfo@collegium1704.com, telephone +420 234 697 959.

In Prague on 4 February 2021

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Collegium 1704
Mánesova 1374/53
120 00 Praha 2

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+420 234 697 959
info@collegium1704.com

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