General terms and conditions

I. Terms and conditions applicable to buyers - consumers

1. GENERAL PROVISIONS

1.1. The first part of these Terms and Conditions for Buyers - Consumers (for the purposes of the first part hereinafter referred to as "GT&C") regulates the rights and obligations of the parties to the consumer purchase contract between the consumer as the buyer and the trader as the seller, which is MUZIKER, as, with its registered office at Drieňová 1H, 821 01 Bratislava, Slovak Republic, IČO 35 840 773, registered in the Business Register of the City Court Bratislava III, section: Sa, file no. 3337/B (hereinafter referred to as the "Seller"), the conclusion of which takes place remotely via an e-shop operated by the Seller (hereinafter referred to as the "E-shop").

1.2. For the purposes of these GT&C, the Buyer is a consumer who is a natural person. This person (hereinafter referred to as "Buyer") is acting outside the scope of their business activity or profession in connection with the consumer contract, the obligations arising therefrom or in the course of their business. The Seller and the Buyer are also referred to individually as the "Contracting Party" or collectively as the "Contracting Parties".

1.3. For the purposes of these GT&C, a consumer purchase contract is a purchase contract concluded between a merchant as Seller and a consumer as Buyer, if the subject of the purchase is any movable item, including one with digital properties, even if the item is yet to be manufactured or executed, including but not limited to according to the specifications of the Buyer. The subject of a consumer purchase contract for an item with digital properties also includes the delivery of digital content or the provision of a digital service (hereinafter referred to as the "Purchase Contract" or "Contract").

1.4. For the purposes of these GT&C, a digital fulfillment contract is a consumer contract under which the Seller delivers or undertakes to deliver a digital fulfillment and the Buyer pays or undertakes to pay the price, including the value expressed in digital form, or provides or undertakes to provide the Seller with their personal data, even if the digital fulfillment is developed according to the Buyer's specifications (hereinafter referred to as the "Digital Fulfillment Contract").

1.5. For the purposes of these GT&C, products are goods, services and digital content.

1.6. For the purposes of these GT&C, goods are any tangible movable items, including those with digital properties and physical carriers that serve solely as carriers of digital content.

1.7. For the purposes of these GT&C, a service is any activity or performance offered or provided to the Buyer, including digital services.

1.8. An item with digital properties is any movable item that contains digital content or a digital service, or is connected to digital content or a digital service such that the absence of the digital content or digital service would prevent the item from performing its functions.

1.9. Digital content is data that is created and delivered in digital form.

1.10. A digital service is a service that enables the Buyer to create, process, store, or access data in digital form, or facilitates the exchange or interaction of data in digital form uploaded or created by users of the service.

2. RIGHTS AND OBLIGATIONS OF THE CONTRACTING PARTIES

2.1 In particular, the Seller shall:

1. Deliver the ordered product to the Buyer in the agreed quantity and quality, and pack or prepare it for transportation in a manner necessary for its safekeeping and protection; and
2. Provide the Buyer, at the latest together with the product, all documents necessary for the acceptance and use of the product, as well as any other documents required by applicable legal regulations, in written or electronic form.

2.2. The Seller is entitled to receive full payment from the Buyer for the delivered product.

2.3. The Seller is entitled to cancel the order if, due to out-of-stock or product unavailability, they are unable to deliver the product to the Buyer within the period specified in these GT&C or at the price indicated in the E-shop, and if they cannot agree with the Buyer on a replacement delivery or a different price. The Seller is also entitled to refuse the order for non-discriminatory reasons, in particular if the Seller has an outstanding claim against the Buyer, if the Buyer has repeatedly failed to take delivery of the Product in the past, although they were obliged to do so, or if the Seller fears that they may suffer damage by accepting the order.

2.4. In particular, the Buyer shall:

1. Take delivery of the product; and
2. Pay the agreed purchase price to the Seller duly and on time.

2.5. The Buyer is entitled to have the product delivered at the agreed time and place, and in accordance with the agreed requirements, particularly in the agreed quantity and quality and in accordance with the general requirements. The product does not have to comply with the general requirements if the Seller has expressly informed the Buyer of this at the time of entering into the Contract, and the Buyer has expressly and specifically agreed to such non-compliance.

3. CONCLUSION OF THE PURCHASE AGREEMENT

3.1. The Purchase Contract is concluded by the Seller's binding acceptance of the Buyer's offer to conclude a Purchase Contract in the form of a form filled in by the Buyer (a form filled in and submitted by the Buyer hereinafter referred to as the "Order").

3.2. The Seller's binding acceptance of the offer to conclude a contract shall be made immediately, usually within two working days after the order is placed, after checking the availability of the product, the valid prices, and the delivery date of the product requested by the Buyer. Binding acceptance shall be deemed to have occurred when the Seller ships the goods. Binding acceptance by electronic mail (e-mail) is not required. If a higher price is found, the Seller will ask the Buyer to agree to the price change before shipping the order. The Purchase Contract is concluded once the Buyer's consent to the price change is given and the Seller ships the goods.

3.3. The automatically generated order confirmation sent to the Buyer's email address immediately after placing the order is for informational purposes only. It notifies the Buyer that the order has been registered and should not be regarded as the Seller's binding acceptance of the proposal to close the contract.

3.4. The Seller may offer an additional product free of charge with the order (hereinafter referred to as the 'Gift'). The Buyer agrees to this by selecting the Gift before submitting the order. Ordering a Gift is optional. If the Buyer does not wish to receive a Gift, they are not required to indicate this.

3.5. The sale of alcoholic beverages is only possible to persons over 18 years of age. By placing an order that includes alcoholic beverages, the Buyer confirms that they are at least 18 years old on the day of placing the order. The Seller is entitled to verify this by requesting a valid identity document. If the Buyer refuses to provide the appropriate document or is under 18 on the day the order is placed, the Seller is not authorized to supply them with alcoholic beverages. This also applies to the person the Buyer has authorized to receive the product.

4. PURCHASE PRICE PROVISIONS

4.1. The Buyer shall pay the Seller the purchase price for the product as agreed in the Purchase Contract, including delivery costs and fees for additional services (hereinafter referred to as the "Purchase Price").

4.2. Detailed and up-to-date information on payment methods can be found in the Payment section of the Seller's E-shop. Some payment methods may not be available for all orders, depending on their value or the selected shipping method. The Buyer will be informed about any possible restrictions during the order creation process.

4.3. Any shipping and packaging costs will be charged before the order is shipped. Fees for additional services are updated in the order based on the Buyer's selection of additional services and will be charged before the order is shipped, never after. If the product is to be delivered outside the European Union, the Buyer may incur customs duties and other payments associated with customs operations, determined by the legal regulations of the destination country. Unless otherwise stated or agreed between the Contracting Parties, the Seller is not obliged to bear these obligations on behalf of the Buyer.

4.4. If the Buyer pays the Seller the purchase price by bank transfer, the payment is considered made on the day the entire purchase price is credited to the Seller's account.

4.5. The Buyer undertakes to pay the Seller the purchase price within the deadline specified in the Purchase Contract.

5. DELIVERY OF GOODS AND PAYMENT TERMS

5.1. The Seller shall deliver the goods to the Buyer at the agreed time and place without delay, no later than 30 days from the date of Contract conclusion, unless otherwise agreed by the Contracting Parties. If the Seller does not deliver the goods properly and on time, the Buyer shall request delivery within an additional reasonable period specified by the Buyer. If the Buyer does not contact the Seller within 15 days from the expected delivery date, it is assumed the goods have been delivered, unless proven otherwise.

5.2. The goods shall be deemed to have been delivered when the Buyer or a designated person takes delivery of them or when the Seller delivers them to a carrier designated by the Buyer from among the Seller's shipping options. If the delivery involves assembly or installation by the Seller, delivery is considered complete only upon completion. When the supply includes an item with digital properties, it is considered supplied when the relevant digital content or service is made available to the Buyer for download and installation. If it involves continuous supply of digital content or service over an agreed period, it is considered supplied when it starts being made available to the Buyer.

5.3. If the Seller fails to deliver the Goods within the grace period specified in 5.1 of these GT&C, the Buyer shall have the right to withdraw from the Contract. The Buyer shall have the right to withdraw from the Contract without providing a reasonable grace period if the Seller fails to deliver the goods on time and at the same time the Seller has refused to deliver the goods, or the timely delivery was extremely important in view of all the circumstances of the conclusion of the Contract, or the Buyer has informed the Seller prior to the conclusion of the Contract that the timely delivery was extremely important.

5.4. The Buyer must take delivery of the goods in person or arrange for a designated person to do so at the agreed time and place. If the Buyer fails to take delivery of the goods without first canceling the Contract in writing, the Seller shall be entitled to claim damages equal to the actual costs incurred in attempting to deliver the goods. If the delivery must be repeated due to reasons attributable to the Buyer (such as the Buyer's absence or the absence of a designated person), the Buyer will bear the additional costs, including any storage fees according to clause 7.19. of these GT&C.

5.5. The Purchase Contract includes a cancellation clause stating that if the Buyer does not take delivery of the goods within 5 days of the Seller's invitation and no alternative date is agreed upon, the Contract is canceled from the beginning. Both Contracting Parties must return or replace all received payments, particularly the purchase price and goods, which the Seller then has the right to freely dispose of. This does not affect the seller's right to compensation.

5.6. The goods are considered received by the Buyer when the Buyer or a designated person, except for the carrier, takes delivery of all parts of the ordered goods or, if (a.) the goods ordered by the Buyer in one order are delivered separately, at the moment of acceptance of the goods delivered last, (b.) the goods consisting of several parts or pieces are delivered, at the moment of acceptance of the last part or piece, (c.) the goods are delivered repeatedly within a certain period of time, at the moment of acceptance of the first goods.

5.7. The Buyer is entitled to inspect the goods upon receipt. If it turns out that a part of the goods ordered by the Buyer is missing and the Buyer was not informed in advance by the Seller about its separate delivery, the Buyer may refuse to accept the goods, except for incomplete delivery. The Buyer must immediately inform the Seller of this fact. Otherwise, the Buyer is deemed to have accepted all parts of the ordered goods. This also applies to the delivery of goods consisting of several parts or pieces. The Buyer in entitled to refuse the goods if they are damaged upon receipt. The carrier must draw up a damage report on the goods in the presence of the Buyer and at the Buyer's request. Based on this damage report delivered to the Seller, the Seller, after resolving the case with the carrier, may repair the goods, grant the Buyer a discount on the purchase price, or deliver new goods to the Buyer. In other cases, the procedure will be determined in accordance with section 7 of these GT&C.

5.8. Shipping options and detailed, up-to-date information on shipping conditions are available in the Shipping section of the Seller's E-shop. Not all shipping methods may be available for all orders. The Buyer will be informed of any restrictions during the order process.

5.9. The Buyer, as the recipient of the goods, agrees that the invoice will be issued and delivered electronically. After the Purchase Contract is concluded, the Seller is not obliged to comply with the Buyer's request to correct or change the invoice data, particularly to change who is the Buyer or the delivery address to another country. In the event of a change in the VAT payer status of the Buyer, the Buyer is obliged to immediately inform the Seller of this change. The Seller shall not be liable for any incorrect information on the invoice which is provided as a result of the Buyer's breach of this obligation.

5.10. The provisions of this section apply equally to the Digital Fulfillment Contract and to the Service Provision Contract, including digital services, to the extent allowed by their nature.

6. RETENTION OF TITLE

6.1. Title to the goods and the risk of accidental damage, deterioration and loss (risk of damage) shall pass to the Buyer at the moment of delivery in accordance with clause 5 of these GT&C.

7. WARRANTY POLICY FOR CONSUMERS

7.1. The Consumer Warranty Policy governs (a) the Seller's liability for product defects, (b) the Buyer's rights arising from liability for product defects, and (c) the procedure for the Seller and the Buyer to exercise rights arising from liability for defects (hereinafter referred to as the “Claim Process). The provisions of this Customer Warranty Policy apply to Digital Fulfillment Contract as well as contract for the provision of services, including digital services, to the extent permitted by their nature. Goods that are physical carriers that serve solely as carriers of digital content are excluded from the scope of this Consumer Warranty Policy.

7.2. The Seller shall be liable for any defect in the Goods at the time of delivery which becomes apparent within two years from the date of delivery, unless a different period is specified below or established by law regulation (hereinafter referred to as the “Warranty Period”). If the object of the purchase is an item with digital properties, where digital content is to be delivered or a digital service is to be provided continuously during the agreed period, the Warranty Period is this agreed period, which is at least two years from the delivery of the item with digital properties. For a used goods, the Warranty Period is two years, unless a different, even shorter warranty period is indicated for a specific product in the e-shop. If the period for use of the goods is indicated on the goods, on their packaging, or in the instructions in accordance with legal regulations, the Warranty Period shall not end before the expiration of this period. The Warranty Period begins on the day the goods are accepted by the Buyer.

7.3. The Seller is liable for defects caused by incorrect assembly or installation of an item, digital content, or digital service if the assembly or installation (a) was part of the Purchase Contract and was carried out by the Seller or under the Seller's responsibility, or (b) should have been carried out by the Buyer but was done incorrectly due to deficiencies in the assembly or installation instructions provided by the Seller or the supplier of the digital content or service.

7.4. The Buyer is entitled to claim rights from the Seller's liability for defects only for goods purchased through the Seller's E-shop, provided that these goods have defects that the Buyer has duly reported within two months of their discovery, but no later than the expiration of the warranty period (hereinafter referred to as the “Claim”). When making a claim, the Buyer is obliged to prove these facts. A proper description of the defects means specifying the nature and extent of the defects of the goods that are the subject of the complaint (hereinafter referred to as the “Warranty Return”). The Buyer shall have the right to reimbursement from the Seller of reasonable expenses in connection with the Claim.

7.5. If a defect becomes apparent before the end of the Warranty Period, it shall be deemed to have existed at the time of delivery. If the object of purchase is an item with digital properties, where digital content is to be delivered or a digital service is to be provided continuously during the agreed period, the Seller bears the burden of proof that the digital content was delivered or the digital service was provided without defects during the Warranty Period. This does not apply if the contrary is proven or if this assumption is incompatible with the nature of the goods or the defect.

7.6. Incompatibility with the nature of the goods can be understood, in particular, as goods subject to rapid deterioration or goods intended for single use. Incompatibility with the nature of the defect can be understood, in particular, as a defect resulting from an external action after taking the delivery of the goods or from the activity of the Buyer, including:

1. Mechanical damage;
2. Alteration (in particular by bending, cutting, shortening, drilling), if the goods are not intended for such alteration and the defect results from it;
3. Use or storage of the goods in conditions that do not correspond to the natural environment in terms of temperature, humidity, chemical or mechanical effects;
4. Unprofessional handling or neglect of care of the goods;
5. Damage to the goods due to excessive stress or use contrary to the conditions specified in the documentation, general principles, technical standards, or safety standards;
6. Use of incorrect power supply, unauthorized or illegally imported hardware or software;
7. Replacement of original parts of the goods;
8. Use of incorrect, incompatible, or non-original consumables if the defect is caused by such materials;
9. Damage to the goods caused by accidental damage, deterioration, or natural wear and tear, including the end of the life of a component (e.g. burning out of a light bulb, reduction in battery capacity);
10. Damage to the goods caused by a computer virus;
11. Tampering with the goods by an unauthorized person or using inappropriate tools or materials (such as unprofessional tampering, damage in transit, damage caused by water, fire, electricity, force majeure); or
12. Using the goods despite being aware of a defect, considering the nature or circumstances of the goods.

7.7. Seller shall not be liable for a defect in an item with digital properties caused solely by Buyer's failure to install an update, including a security update, necessary to maintain compliance with specified requirements, unless (a) Buyer failed to install the update within a reasonable time after Seller provided the update and Seller notified Buyer of the availability of the update and the consequences of failure to install, and the failure or incorrect installation was not due to defects in the installation instructions provided, or (b) Seller expressly notified Buyer prior to the failure to install the update, (b) Seller expressly advised Buyer prior to entering into the Contract that such updates, including security updates, would not be provided, and Buyer expressly agreed to such updates upon entering into the Contract.

7.8. The Buyer has the right to make a claim to the Seller by completing a Claim Form and submitting it (a.) electronically, by delivering the Warranty Return to the Seller in one of the ways listed below, or (b.) in writing, by delivering the Claim Form together with the Warranty Return to the Seller in one of the following ways:

1. By delivering the Claim Form and the Warranty Return to the Complaints Center at the following address: Muziker Complaint Centre, P3 2, 1102 Lozorno, 900 55 Lozorno, Slovakia (hereinafter referred to as the “Claim Center”); or
2. By delivering the Claim Form and the Warranty Return to one of the Seller's showrooms, where such goods can be accepted in relation to the goods sold or services provided, or to a designated person.

7.9. The Buyer may request the Seller to arrange for shipment of the Warranty Return to the Claim Center via the Claim Form. The Seller will arrange for shipment of the Warranty Return on behalf of the Buyer through a carrier. Unless otherwise agreed with Buyer, Seller has the right to refuse to arrange shipment if Seller is likely to incur disproportionate cost or difficulty in arranging shipment. The Seller shall bear the cost of shipping, which shall be considered a reasonable expense. Warranty Returns shall be deemed delivered to Seller on the date of acceptance at the Claims Center. The carrier is a third party acting in its own name, therefore the acceptance of the Warranty Return for transport by the carrier does not affect the initiation of the Claim Process.

7.10. The Buyer must properly pack the Warranty Return, taking into account its nature and the nature of the alleged defect. The Seller is liable for any deterioration of the Warranty Return only from the time of receipt.

7.11. If the Buyer intends to deliver the Warranty Returns to one of the Seller's showrooms, the Seller recommends that the Buyer check in advance whether the showroom can accept the goods.

7.12. The date of the beginning of the Claim Process is the date the Buyer delivers to the Seller:

1. Claim form;
2. Warranty Return, including accessories; and
3. Access passwords or codes, if they relate to the Warranty Return.

7.13. The Claim Form is Annex No. 1 to these T&Cs and the Buyer may complete and submit it electronically to the Seller at this link: https://www.muziker.com/claims

7.14. Immediately after the Buyer submits a Claim, the Seller or a person designated by the Seller shall issue a Claim Confirmation in an appropriate form (including e-mail). Such confirmation shall specify a reasonable period within which Seller shall remedy the defect (hereinafter referred to as “Claim Confirmation”). A reasonable period of time means the shortest time the Seller needs to assess the defect and repair or replace the goods, taking into account the nature of the goods and the nature and severity of the defect. This period shall not exceed 30 days from the date of notification of the defect, unless a longer period is justified by an objective reason beyond the Seller's control (in particular where a complex technical assessment of the condition of the goods is required).

7.15. If the Seller rejects the Claim, it shall notify the Buyer of the reasons for the rejection in an appropriate manner (including by e-mail). If the Buyer proves the Seller's responsibility for a defect by means of an expert opinion issued by an accredited, authorized or notified person (hereinafter referred to as the “Expert Opinion”), the Buyer may repeat the defect. In this case, the Seller may not deny responsibility for the defect, and the Buyer shall be entitled to claim reimbursement from the Seller of the reasonable expenses incurred for the Expert Opinion.

7.16. The Seller is obliged to address the claim and conclude the Claim Policy in one of the following ways:

1. Delivering repaired goods or requesting (including by e-mail) that the goods be accepted,
2. Delivering replacement goods or requesting (including by e-mail) that the goods be accepted,
3. Refunding the purchase price,
4. Granting a reasonable discount on the purchase price,
5. Selling the goods,
6. Selling the goods and paying a proportion of the proceeds to the Buyer if the Buyer is entitled to them, or
7. Destroying the goods, or
8. Reasonably rejecting the Claim.

7.17. The Buyer has the right to choose whether the defect in the goods shall be remedied by repair or replacement. The Buyer may not choose a method that is not possible or would involve disproportionately high costs for the Seller, taking into account all the circumstances, including the value of the goods without the defect, the severity of the defect, and whether the alternative method would cause significant difficulties for the Buyer (hereinafter referred to as the “Circumstances”). The Seller may refuse to remedy the defect if repair or replacement is not possible or would involve unreasonable costs, particularly in view of the Circumstances. The Seller will repair or replace the Warranty Return free of charge and without causing serious difficulties to the Buyer, considering the nature of the goods and the purpose for which the Buyer requested them, within the period specified in the confirmation of the claim. For the purpose of repair or replacement, the Buyer shall deliver or make available the Warranty Return to the Seller or to a person designated by the Seller. Reasonable expenses in connection with such delivery or provision shall be at Seller's expense. If the repair or replacement requires the removal of the Warranty Returns, the Seller shall arrange for the removal of the defect and the installation of the repaired or replacement goods. The Seller shall be liable for defects in replacement goods in accordance with clause 7.2 of these GT&C. The same applies if a part of the goods (parts) is replaced under warranty. The time from the submission of the claim to the processing of the claim in accordance with section 7.16. of these GT&C, shall not be included in the Warranty Period.

7.18. The Seller shall deliver the repaired or replaced goods to the Buyer at the Seller's expense, using the same or a similar method as the Buyer used to deliver the Warranty Return, unless the Contracting Parties agree otherwise. If the Buyer fails to take delivery of the goods within six months of the date on which it should have done so, the Seller may sell the goods. If the goods are of higher value, the Seller will give the Buyer prior notice of the intended sale and a reasonable extension of time to take delivery of the goods or exercise the right to share in the proceeds of the sale. If the Buyer duly and timely exercises this right, the Seller shall pay the proceeds of the sale to the Buyer immediately after the sale, after deducting the reasonable expenses incurred in the storage and sale of the goods (in particular the storage fee). Seller may destroy the goods at their own expense if Seller cannot sell the goods or if the anticipated sale proceeds are not sufficient to cover Seller's reasonable expenses of storage and Seller's necessary expenses of sale.

7.19. If the Buyer is in default in taking delivery of the goods, they shall be obliged to pay to the Seller a storage fee (hereinafter referred to as “Storage Fee”) for each day, starting from the day after they should have taken delivery of the goods until the goods are accepted or sold. The amount of the Storage Fee shall be determined based on the weight and the sum of the edges of the goods (sum of the edges = height + width + depth), as follows:

1. €1 (one euro) for the storage of goods weighing up to 10 kg and with a sum of edges not exceeding 120 cm;
2. €2 (two euros) for the storage of goods exceeding at least one of the values mentioned above, weighing up to 40 kg and with a sum of edges not exceeding 300 cm;
3. €4 (four euros) for the storage of all other goods.

7.20. The Buyer shall be entitled to a reasonable discount from the purchase price or can withdraw from the Purchase Contract if (a) the Seller refuses to remedy the defect by repair or replacement or fails to repair or replace the Warranty Return in accordance with clauses 7.17 and 7.18 of these GT&C, (b) the goods have the same defect despite repair or replacement, (c)the defect is so serious that it justifies an immediate reduction of the purchase price or withdrawal from the Purchase Contract, or (d) the Seller declares or it is obvious from the Circumstances that the defect cannot be remedied within a reasonable period or without causing serious difficulties to the Buyer. The Buyer cannot withdraw from the Purchase Contract if they participated in the occurrence of the defect or if the defect is insignificant. The Seller bears the burden of proof that the Buyer participated in the occurrence of the defect or that the defect is insignificant. If the contract involves the purchase of multiple goods, the Buyer may withdraw only in relation to the Warranty Return. With respect to other goods, the Buyer may only withdraw if it is unreasonable to expect the Buyer to keep the other goods without the Warranty Return. After withdrawing from the contract or part of it, the Buyer must return the Warranty Return or all the goods to the Seller. Reasonable expenses associated with the return shall be borne by the Seller. The Seller shall ensure the removal of the Warranty Return that was installed according to their nature and purpose before the defect became apparent. If the Seller does not remove the Warranty Return within a reasonable period of time, the Buyer can arrange for the removal and delivery of the Warranty Return to the Seller at the Seller's expense and risk. After withdrawing from the Contract, the Seller shall, at their own expense, within 14 days from the date of receipt of the Warranty Return, return the purchase price to the Buyer or grant a reasonable discount on the purchase price, or return all goods, or upon proof that the Buyer has sent them to the Seller, using the same method of payment used by the Buyer, unless the Buyer agrees to another method.

7.21. The Seller shall notify the Buyer of the method of handling the claim and the conclusion of the Claim Process in a suitable form chosen by the Seller (including e-mail) in accordance with clause 7.16 of these GT&C.

7.22. The claims handling process only applies to defects identified by the Buyer at the time of the claim.

7.23. If the Seller concludes the Warranty Policy with a justified rejection of the Warranty Return, they may propose to the Buyer to remove the defects at the Buyer's expense. The Buyer is not obliged to accept this proposal.

7.24. If the Seller terminates the Warranty Process with a reasoned rejection of the Warranty Goods and the Buyer does not agree with this decision, they can seek protection of their rights in court.

7.25. Used Goods are goods that have been used, do not contain all parts, or are cosmetically or functionally damaged (hereinafter referred to as “Used Goods”). Displayed Goods are Used Goods that have been displayed in the Seller's showroom, have been unpacked and have been used to the extent necessary to demonstrate their characteristics to other persons (hereinafter referred to as “Displayed Goods”). Non-Functional Goods are Used Goods that have defects that make them unusable and therefore cannot be used for their usual purpose (hereinafter referred to as “Non-Functional Goods”).

7.26. If Used Goods are sold at a lower price than new goods, the Seller is not responsible for the defect for which the lower price was negotiated. Non-Functional Goods may be irreparable and are usually sold for spare parts or collectibles. An additional description of defects that cause the goods to malfunction, and therefore defects for which the Seller is not responsible, may be included in the description of the goods in the E-shop. Malfunctioning goods can be dangerous without prior repair or modification. The Seller's responsibility for defects does not apply to the functionality of Non-Functional Goods.

8. PERSONAL DATA AND THEIR PROTECTION

8.1. The Seller has taken appropriate measures to process personal data in accordance with Act No. 18/2018 Coll. on the Protection of Personal Data and on the Amendment of Certain Acts, as well as Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, which repeals Directive 95/46/EC (General Data Protection Regulation) (GDPR Regulation). The Buyer confirms that they have been informed about the processing of their personal data in accordance with the rules available at the following link: https://www.osobnyudaj.sk/informovanie/35840773/sk/zakladne-informacieKompletné.

9. STATUTORY RIGHT OF WITHDRAWAL

9.1. The Seller is entitled to withdraw from the contract in the event that the stock is sold out, the goods are unavailable, or if the manufacturer, importer or supplier of the goods agreed in the Contract has suspended production or made such serious changes as to make it impossible for the Seller to fulfil its obligations under the Contract, or for reasons of force majeure. In addition, if the Seller is unable to deliver the goods to the Buyer within the period or at the place specified in these GT&C or at the agreed purchase price, despite using all reasonable efforts. The Seller is obliged to inform the Buyer of this fact without delay and to return all payments to the Buyer in accordance with these GT&C. This does not affect the right of the Contracting Parties to agree on alternative performance or a different purchase price.

9.2. The Seller is also entitled to withdraw from the Contract if, at the time of the conclusion of the Purchase Contract, there was an obvious error in the amount of the purchase price indicated for the goods (such as an incorrectly placed decimal point, a missing digit, or a purchase price that clearly does not correspond to the usual market price).

9.3. The Buyer is entitled to withdraw from the Contract for the delivery of goods within 14 days from the date of receipt of the goods in accordance with clause 5.6 of these GT&C, except for the cases specified in clause 9.20 of these GT&C.

9.4. The Buyer shall be entitled to withdraw from a Contract for the provision of a service, including a digital service, or from a contract for the delivery of digital content not delivered on a physical medium, within 14 days from the date of conclusion of the contract, except in the cases specified in clause 9.20 of these GT&C. The rights and obligations of the Contracting Parties after withdrawal from a contract for digital content or a digital service are regulated in clauses 9.21, 9.22, and 9.23 of these GT&C.

9.5. The Buyer shall be entitled to withdraw from the Contract, even partially, in accordance with clause 9.6 of these GT&C.

9.6. The Buyer shall be entitled to withdraw from the Contract for the delivery of a set of at least two related goods that the Seller has assembled and designated for joint sale (hereinafter referred to as the “Set”). The Set shall be considered as one product for the purpose of the right of withdrawal. This means that if the Buyer withdraws from the Contract for the delivery of a set, they are obliged to return the entire set to the Seller, i.e., all the goods that make up the Set. The Seller will then refund the payment for the entire Set to the Buyer under the conditions set forth in these GT&Cs. It is not possible to withdraw from the contract partially, i.e., to return less than all the goods that make up the Set and request a refund for individual goods. his does not affect the Buyer's right to return only one product out of several delivered in an order according to clause 9.5 of these GT&Cs, unless this product is part of a Set.

9.7. The Buyer may withdraw from the Contract for the supply of goods even before the withdrawal period has started. The withdrawal period is deemed to have been observed if the notice of withdrawal is sent to the Seller no later than the last day of the withdrawal period. The Buyer bears the burden of proof for exercising the right of withdrawal.

9.8. The Buyer may exercise the right of withdrawal in writing, on another durable medium, or by filling out the withdrawal form and sending it to the following address: Muziker (Return), P3 2, 1102 Lozorno, 900 55 Lozorno, Slovakia.

9.9. The withdrawal form is attached as Annex 2 to these GT&Cs and can be completed by the Buyer and sent to the Seller electronically via this link: https://www.muziker.com/statutory-right-of-withdrawal.

9.10. Within 14 days from the date of receipt of the notice of withdrawal from the Contract, the Seller shall refund to the Buyer all payments received under or in connection with the Contract, including transport, delivery, postage, and other costs and charges corresponding to the withdrawal. This shall be without prejudice to the Seller's rights under clause 9.13 of these GT&Cs. The Seller shall not be obliged to reimburse the Buyer for additional costs if the Buyer has expressly chosen a delivery method other than the cheapest standard delivery method offered by the Seller. Additional cost means the difference between the shipping cost chosen by the Buyer and the cost of the cheapest standard shipping method offered by the Seller.

9.11. If the Buyer pays the purchase price by cash on delivery, i.e. by paying the carrier upon receipt of the goods, the Seller will not refund the fee paid for this method of payment. C.O.D. is a service provided entirely by the Seller, who asks the carrier to deliver the goods to the Buyer and collect the payment.

9.12. The Seller will return all payments to the Buyer using the same method of payment used by the Buyer, unless the Contracting Parties agree otherwise (by default, by transfer to the bank account specified by the Buyer) and if no additional fees are charged to the Buyer. If the Buyer has paid the purchase price or part thereof by means of a Muziker Gift Card (hereinafter referred to as “Gift Card”), the Seller shall provide the Buyer with a new Gift Card in the amount of the used Gift Card. The Buyer may use this credit for the next purchase from the Seller. If the Buyer chooses a different payment method for a portion of the order, the Seller will refund that portion of the payment in accordance with these GT&Cs.

9.13. In the event of withdrawal from the Contract, the Seller shall not be obliged to return any payments to the Buyer until the goods have been delivered to the Seller or until the Buyer proves that the goods have been returned, unless the Seller proposes to pick up the goods personally or through a designated person.

9.14. If the Buyer withdraws from the Contract and returns the goods to the Seller which have been used or damaged, or if their value has been reduced as a result of treatment beyond that necessary to determine the properties and functionality of the goods, the Seller shall be entitled to compensation from the Buyer for the value of the repaired goods and the return of the goods to their original condition.

9.15. If the Buyer withdraws from the Contract for the provision of a service, including a digital service, and the Buyer has expressly agreed to the start of the service before the end of the withdrawal period, the Buyer is obliged to pay the Seller for the service actually provided up to the date of delivery of the notice of withdrawal. The price for the service actually provided shall be calculated pro rata on the basis of the total purchase price agreed in the Contract. The price for the service actually provided shall be calculated on the basis of the market price of the service if the total price agreed in the Contract is overvalued.

9.16. If the Buyer did not return the goods to the Seller together with the notice of withdrawal from the contract, and if the Contracting Parties do not agree on another method of returning the goods, the Buyer is obliged to send the goods together with accessories and documentation, to the Seller within 14 days from the day of withdrawal from the contract to the following address: Muziker (Return), P3 2, 1102 Lozorno, 900 55 Lozorno, Slovakia.

9.17. If the Buyer received a Gift from the Seller with the order, the Buyer is obliged to return the Gift. If the Buyer fails to fulfill this obligation, the Seller is entitled to demand the price of the Gift as displayed on the E-shop page at the time of concluding the Contract, or, if such a price is not available, the usual market price.

9.18. The Buyer bears the cost of returning the goods to the Seller or to the person designated by the Seller to receive the goods. n general, the cost of returning the goods depends on the country, the characteristics of the goods (type, dimensions, weight), the distance and the chosen method of delivery, and is approximately equal to the costs listed in the delivery section of the Seller's E-shop, i.e. the costs normally incurred for delivering the goods to the customer. However, the actual cost of returning the goods may be significantly higher than the estimated cost; therefore, the Seller recommends that the Buyer verify the actual cost with the selected carrier.

9.19. The Buyer may request the Seller, by means of the withdrawal form, to have the goods collected by the carrier. In this case, the Buyer shall bear the cost of the return shipment only up to an amount approximately equal to the price of domestic shipping in the state where the goods are collected, with the characteristics of the goods being taken into account in determining the amount of the cost. This amount will be shown to the Buyer on the withdrawal form and the Buyer agrees to the amount of the charge by requesting collection of the goods. The Seller is entitled to refuse collection from a country other than that to which the goods were delivered. This is without prejudice to the other provisions of this article.

9.20. The Buyer cannot withdraw from the Contract if the subject is:

1. The provision of a service, including a digital service, if the service has been fully provided and started before the end of the withdrawal period with the express consent of the Buyer, who acknowledges having been informed that by giving consent they lose the right to withdraw after the service has been fully provided, provided that the Buyer is obliged to pay for the service in accordance with the Contract.
2. The supply of goods, digital content or the provision of a service, the price of which depends on fluctuations in the financial market over which the Seller has no control and which may occur during the withdrawal period.
3. The supply of goods made to the Buyer's specifications or custom-made goods (e.g., cables and chains sold by the meter, helmets with installed communicators as requested by the Buyer).
4. The supply of goods subject to rapid deterioration or spoilage.
5. The supply of goods in protective packaging that cannot be returned for health or hygiene reasons if the packaging has been damaged after delivery (e.g. in-ear headphones, underwear, mouth guards).
6. The supply of goods which, due to their nature, can be inseparably mixed with other goods after they have been delivered.
7. The supply of alcoholic beverages, the price of which is agreed upon at the time of the conclusion of the contract, but the delivery can take place only after 30 days, and the price of which depends on market fluctuations that the seller cannot control.
8. Carrying out urgent repairs or maintenance work expressly requested by the Buyer from the Seller; this does not apply to a contract for services other than repairs or maintenance or for goods other than spare parts necessary for repairs or maintenance, if the contract was concluded during the Seller's visit to the Buyer and the Buyer purchased these goods or services without a prior order.
9. The supply of sound recordings, video recordings, audiovisual recordings or software in protective packaging that has been damaged after delivery (e.g., CDs, cassettes, records).
10. The supply of periodicals, excluding deliveries based on subscriptions (e.g., books, sheet music, tabulators).
11. Goods purchased at a public auction.
12. The provision of accommodation services for purposes other than housing, shipping, car rental, catering or recreational services, where the contract requires the Seller to provide these services at a specific time or within an agreed period.
13. The supply of digital content supplied by the Seller otherwise than on a tangible medium, provided that the supply of the digital content has already commenced and the Buyer has expressly consented to the supply of the digital content commencing before the end of the withdrawal period and has also declared that he has been duly informed, that he loses the right to withdraw from the contract when the supply of the digital content begins, and the Seller has provided the Buyer with the relevant confirmation of the Buyer's declaration and confirmation of the Buyer's express consent, if the Buyer is contractually obligated to pay the price (in particular the digital/electronic license for the software).

9.21. After withdrawing from the Digital Fulfillment Contract, the subject of which is the supply of digital fulfillment (delivery of digital content or digital service), the Buyer is obliged not to use the digital fulfillment and not to make it available to third parties.

9.22. In the event of withdrawal from the Digital Fulfillment Contract, Seller shall refrain from using content provided or created by Buyer when using digital fulfillment. This shall not apply if such content (a.) can only be used in connection with the Seller's digital fulfillment, (b.) applies exclusively to the Buyer's activities when using the Seller's digital fulfillment, (c.) has been combined by the Seller with other content from which it cannot be separated at all or only with unreasonable effort, (d.) has been created by the Buyer together with other persons who are entitled to further use the content. The Seller shall, upon the Buyer's request, make available to the Buyer all content provided by the Buyer or created by the Buyer using digital fulfillment, except for the content listed in (a), (b) and (c) of the preceding sentence. The Seller shall make the content available to the Buyer within a reasonable time, free of charge, in a commonly used, machine-readable format, and without significant inconvenience to the Buyer. This clause does not apply to personal information provided or created by Buyer.

9.23. After withdrawal from the Digital Fulfilment Contract, the Seller may prevent the Buyer from further using the digital fulfilment, in particular by withdrawing access to the digital fulfilment or by deleting the Buyer's user account. This does not affect the Seller's obligation under clause 9.22. of these GT&Cs.

9.24. The Seller reserves the right to cancel the order or part of it if it is not possible for technical reasons to deliver the goods within the required time or at the required price. In this case, the Seller will return the payment to the Buyer within 14 working days, if the payment has already been made. This does not affect the right of the contracting parties to agree on alternative performance or a different price.

10. ALTERNATIVE DISPUTE RESOLUTION

10.1. The Buyer-Consumer shall be entitled to use an alternative method of dispute resolution by contacting the Seller with a request for redress if they are not satisfied with the way the Seller has handled their claim or if they believe that the Seller has violated their rights. If the Seller responds negatively to such a request or does not respond within 30 days from the date of its submission, the Buyer-Consumer has the right to submit a proposal to initiate alternative dispute resolution (ADR) with an authorized ADR body. The ADR Bodies are authorities and authorized legal entities according to § 3 of the Act No. 391/2015 Coll. on the Alternative Dispute Resolution and on Amendments to Certain Acts, as amended (hereinafter referred to as the “ADR Act”), including the Slovak Trade Inspection (www.soi.sk) or another relevant authorized legal entity listed by the Ministry of Economy of the Slovak Republic (the list is available at www.mhsr.sk). The Buyer-Consumer is entitled to choose the ADR Body to which they will turn. When submitting a proposal, the Buyer-Consumer shall proceed in accordance with § 12 of the ADR Act. The proposal must include the Seller's email contact:[email protected]. The ADR may be used to settle a dispute between a Buyer-Consumer and a Seller arising from a consumer contract.

10.2. Buyers-Consumers shall be entitled to use the online dispute resolution platform to resolve their disputes in the language of their choice. The Buyer-Consumer can use the ODR platform for the alternative resolution of their dispute, which is available at http://ec.europa.eu/consumers/odr/.

10.3. Examples of alternative dispute resolution bodies include in the Czech Republic: Czech Trade Inspection with the website www.coi.cz; in Germany: Außergerichtliche Streitbeilegungsstelle für Verbraucher und Unternehmer e. V. with the website https://www.streitbeilegungsstelle.org; in France: Center de la Médiation de la Consommation des Conciliateurs de Justice (CM2C) with the website https://www.cm2c.net, in Hungary: Budapesti Békéltető Testület with the website: http://www.bekeltet.hu/ as well as others available on the website https://ec.europa.eu/consumers/odr/main/?event=main, among others. adr.show2.

11. FINAL PROVISIONS

11.1. These GT&Cs were created on February 1, 2022, and last amended on June 15, 2024. They are effective from July 1, 2024, and apply to Purchase Contracts concluded after June 30, 2024. Legal relationships arising from Purchase Contracts concluded prior to July 1, 2024, and claims arising from these contracts are assessed according to the legal regulations and General Terms and Conditions for Buyers-Consumers effective until June 30, 2024. The Seller shall be entitled to change these GT&Cs. The legal relationship between the contracting parties is always governed by the GT&Cs in force at the time of sending the order.

11.2. The Seller displays reviews of individual products and overall user impressions. Reviews may also include verbal ratings. The Seller uses technical means to ensure the authenticity of reviews by inviting only those who have actually made a purchase to write a review, even through a third party (comparison site or review portal). While it is not technically possible to guarantee that an organic review (written by an uninvited person) will not be displayed, the number of such reviews is negligible. Without compromising the authenticity of the reviews, the Seller reserves the right not to display all reviews or to prioritize certain reviews.

11.3. These GT&C have been drafted in the Slovak language. If these GT&C are drafted in another language, the Slovak version shall always prevail over the other language version.

11.4. If the contract is concluded in writing, any changes must also be made in writing. The Contracting Parties agree that communication between them will primarily be conducted via email and letters.

11.5. Legal relations between the contracting parties are governed by the contract, these General Terms and Conditions, the provisions of Act No. 40/1964 Coll. Civil Code, as amended, Act No. 22/2004 Coll., on Electronic Commerce and on Amendment and Supplement to Act No. 128/2002 Coll, on the State Control of the Internal Market in Matters of Consumer Protection and on the Amendment and Completion of Certain Acts, as amended by Act No. 284/2002 Coll., as amended by Act No. 108/2024 Coll. on Consumer Protection and on the Amendment and Completion of Certain Acts, Act No. 18/2018 Coll. on the Protection of Personal Data and on the Amendment and Completion of Certain Acts, as well as other generally binding legal regulations of the Slovak Republic.

11.6. In the event of a conflict between the provisions of the Purchase Contract and these GT&Cs, the provisions of the Purchase Contract shall prevail. n case of any doubt regarding the content of the Contract to which the Buyer-Consumer is a party or these GT&Cs, including their annexes, the interpretation more favorable to the Buyer-Consumer shall prevail.

11.7. The Contracting Parties shall make every effort to amicably settle all disputes, disagreements, or claims arising from these GT&Cs, the Purchase Contract, or in connection with them. If the Contracting Parties cannot resolve any dispute amicably, including disputes over the validity, interpretation, or termination of these GT&Cs or the contract, the Slovak courts shall have jurisdiction to resolve such disputes. This does not affect the validity of international treaties regarding the jurisdiction of other courts.

12. LIST OF ANNEXES

12.1. The following annexes are an integral part of the first part of these GT&Cs:

1. Annex No. 1 to the GT&Cs: Claim form
2. Annex No. 2 to the GT&Cs: Withdrawal form
3. Annex No. 3 to the GT&Cs: Additional services
4. Annex No. 4 to the GT&Cs: General Terms and Conditions of the MUZIKER SMILE loyalty program
5. Annex No. 5 to the GTCs: Erasure of personal data of a member of the Muziker SMILE loyalty program

II. Terms and conditions applicable to buyers - business entities

1. GENERAL PROVISIONS

1.1. The second part of these GTCs (for the purposes of the second part, hereinafter referred to as "these GTCs") regulates the rights and obligations of the parties to the purchase agreement closed between the seller, which is Muziker, a.s., with its registered office at Drieňová 1H, 821 01 Bratislava, Slovak Republic, ID number 35 840 773, registered in the Business Register of the City Court Bratislava III, Section: Sa, File no. 3337/B (hereinafter referred to as the “seller”), and the buyer - business entity, the subject of which is the purchase and sale of goods on the seller's website (hereinafter referred to as the "e-shop") (hereinafter referred to as the "purchase agreement" or "contract").

Contact details and identification of the seller:

1.2. Pursuant to the second part of these GTCs, the buyer means (a) a person registered in the Commercial Register, (b) a person who conducts business on the basis of a trade license, (c) a person who conducts business on the basis of a license other than a trade license, (d) a natural person who carries out agricultural production and is registered in accordance with a special regulation. If a natural person enters his / her ID number or VAT number in the order, it is assumed that he / she is acting within the scope of his / her business activities and for the purposes of these GTC he / she is considered a business entity.

1.3. The terms used in this part of the GTCs have the same meaning as defined by the first part of the GTCs, unless otherwise defined in this part.

2. RIGHTS AND OBLIGATIONS OF THE CONTRACTING PARTIES

2.1. In particular, the seller is obliged to:

1. deliver the ordered products to the buyer in the agreed quantity and quality and pack it or prepare it for transport in the way necessary for its safekeeping and protection, and
2. hand over to the buyer all documents necessary for taking over and using the products as well as other documents required by valid legal regulations, in written or electronic form, at latest along with the products.

2.2. The seller is entitled to full payment of the purchase price by the buyer for the goods delivered.

2.3. The seller is entitled to cancel the order if, due to stock shortage or the unavailability of the products, he is unable to deliver the products to the buyer within the period of time specified in these GTCs or for the price indicated in the e-shop, unless the customer consents to a replacement performance. The seller is also entitled to refuse the order for non-discriminatory reasons, in particular if the seller has an outstanding claim against the buyer, if the buyer has repeatedly failed to take delivery of the goods in the past, although they were obliged to do so, or if the seller fears that they may suffer damage by accepting the order.

2.4. In particular, the buyer is obliged to:

1. take over the goods and
2. pay the agreed purchase price to the seller in a proper and timely manner.

2.5. The buyer is entitled to be delivered the goods in the agreed quantity, quality, time and place.

3. CONCLUSION OF THE PURCHASE AGREEMENT

3.1. The purchase agreement is concluded by the seller´s binding acceptance of the buyer's proposal to conclude the purchase agreement, which is made by filling in the order form by the buyer (the form filled in and submitted by the buyer, hereinafter referred to as the "order").

3.2. The seller shall make the binding acceptance of the proposal to conclude the contract without undue delay, usually within two working days of placing the order, following the verification of the availability of the products, the validity of the prices and the delivery date of the goods required by the buyer. The binding acceptance shall be deemed to be the dispatch of the goods by the seller. Binding acceptance by electronic mail (e-mail) is not required. If a higher price is found, the seller will request the buyer's consent to the price change before shipping the order. The purchase agreement is concluded only when the buyer gives his consent to the price change and when the seller subsequently confirms the order.

3.3. The automatically generated confirmation of order acceptance by the seller, which is sent to the buyer´s e-mail address immediately after placing the order, is for informational purposes only. It is sent to the buyer in order to notify the buyer that the order has been registered and shall not be regarded as the seller´s binding acceptance of the proposal to close the contract.

3.4. The seller may offer additional goods to the order free of charge (hereinafter referred to as the "gift"). The buyer shall give his consent to such performance by choosing the selected gift prior to submitting the order. Ordering a gift is optional. If the buyer does not want a gift, he is not obliged to show this will.

3.5. The sale of alcoholic beverages is only possible to persons over 18 years of age. By submitting an order involving alcoholic beverages, the buyer confirms that he / she has reached the age of 18 at the latest on the day the order is submitted. The seller is entitled to verify this fact by requesting a valid identity document and if the buyer does not meet this requirement or can not prove it, the seller is not eligible to deliver the alcoholic beverages. This also applies to the person who has been appointed by the buyer to collect the goods.

4. PURCHASE PRICE PROVISIONS

4.1. The buyer shall pay the seller the purchase price for the goods specified in the purchase agreement, including the cost of delivery of the goods and the charges for additional services (hereinafter referred to as the "purchase price").

4.2. The detailed and up-to-date information on payment methods can be found in the Payment Terms section of the seller's e-shop. Some payment methods may not be available for all orders, due to e.g. their value or the selected shipping method. The buyer will be informed of any limitations in the course of placing the order.

4.3. Any shipping and packing costs will be charged prior to submitting the order. Any charges for additional services are updated in the order based on the buyer´s choice of the additional services instantaneously, never after submitting the order. In the event that the goods are to be transported to the buyer outside the European Union, a customs debt may be incurred. The buyer is liable for the payment of the customs debt and the buyer may be obliged to make additional payments related to customs operations in the amount and manner specified by generally binding legislation of the country to which the goods are delivered. Unless stated or agreed by the parties otherwise, the seller is not obliged to bear these obligations on behalf of the buyer.

4.4. If the buyer pays the seller the purchase price by bank transfer, the day on which the entire purchase price was credited to the seller's account is considered to be the day of payment.

4.5. The buyer is obligated to pay the seller the purchase price by the date agreed in the purchase agreement.

5. DELIVERY OF GOODS AND PAYMENT TERMS

5.1. The seller shall deliver the goods to the buyer without undue delay, no later than 30 days from the date of conclusion of the contract, unless the parties have agreed otherwise. If the seller has not fulfilled his obligation to deliver the goods within the agreed deadline, the buyer shall request to be delivered the goods within an additional reasonable deadline which shall be determined by the buyer as part of the request. If the buyer does not request this from the seller within two months of the date on which the goods were to be delivered, handover shall be deemed to have taken place, unless the contrary is proved. In the event the seller does not deliver the item meeting this additional deadline, the buyer is entitled to withdraw from the contract.

5.2. In the event that the buyer does not take over the goods without prior written withdrawal from the contract, the seller has the right to reimbursement of actual costs incurred in an attempt to deliver the order.

5.3. The buyer is obliged to take over the goods in person or secure that a third party takes it over on his / her behalf. At the request of the seller or the forwarder, the person taking over the goods on behalf of or for the buyer is obliged to prove the right to take over the goods. If it is necessary to repeat the delivery for reasons on the part of the buyer (for example due to the buyer or a third party appointed by him being not reachable at the agreed place or due to failure to prove authorization to take over the goods), all additional costs incurred in this way shall be borne by the buyer, including any warehousing.

5.4. The buyer is obliged to inspect the consignment upon its delivery. In the event any transportation damage is detected by the buyer, the buyer is entitled to refuse to take over the goods. The forwarder is obliged to issue a damage report on the damage to the goods in the presence and at the request of the buyer. On the basis of such a record delivered to the seller, the seller may, following the settlement of the damage event with the forwarder, provide the repair of the defective product, a reduction in the purchase price, or deliver new goods to the buyer in case of irreparable defects. Later claims of this type shall not be accepted.

5.5. The shipping options and the detailed and up-to-date information on shipping conditions are listed in the Shipping Costs and Delivery Times section of the e-shop. For some orders, some methods of transportation may be unavailable. The buyer will be informed of any limitations while placing the order.

5.6. The buyer, as the recipient of the goods, agrees that the invoice will be issued and delivered to him in electronic format. Once the purchase agreement has been concluded, the seller is not obliged to comply with the buyer's request to correct or amend the data in the invoice, in particular to change the buyer's person and to change the delivery address to another country. In the event of a change in the VAT payer status of the Buyer, the Buyer is obliged to immediately inform the Seller of this change. The Seller shall not be liable for any incorrect information on the invoice which is provided as a result of the Buyer's breach of this obligation. 

5.7. The purchase agreement is concluded with a termination condition, providing that if the buyer does not take over the goods within 5 days of the seller's additional request and does not arrange with the seller an alternative date of taking over the goods, the contract gets canceled, the parties return or reimburse all received, in particular the purchase price and the goods to which the seller acquires the right to dispose freely. This does not affect the seller´s right to compensation according to para. 5.2.

6. RETENTION OF TITLE

6.1. The goods remain the property of the seller until full payment of the purchase price by the buyer. The handover takes place either by the buyer collecting them in person or using parcel delivery services.

6.2. The risk of damage to the goods shall pass to the buyer upon handover of the goods by the seller or the forwarder. Handover shall be deemed to have taken place even if the seller declares the goods available to be collected and the buyer fails to take them over.

7. WARRANTY POLICY FOR BUSINESS ENTITIES

7.1. The seller is responsible for product defects and the buyer is obligated to immediately file a claim to the seller.

7.2. This Warranty Policy for Business Entities is applicable to the handling of complaints (hereinafter referred to as the "Warranty Policy").

7.3. The right to warranty can only be exercised by the buyer in the case of goods that show defects, are covered by warranty and were purchased in the seller's e-shop.

7.4. During the warranty period, the buyer is entitled to have the defect removed by repair free of charge upon return of the goods, including all accessories.

7.5. Claims are handled by the seller in writing in paper or electronic form without delay. If the goods are defective, the customer has the right to file a claim to the seller by filling out the claim form and submitting it to the seller electronically, along with delivering the goods to the seller in one of the ways listed below, or in paper form being delivered together with the claimed goods in one of the ways listed below. Methods of filing a claim:

1. Delivering the claim form along with the claimed goods to the claim center at the following address (hereinafter referred to as the “claim center”):
   Muziker Claims
   P3 2, 1102 Lozorno
   900 55 Lozorno
   Slovakia
   
2. Enclosing the claim form to the claimed goods and delivering it to one of the seller's brick-and-mortar stores, where the receipt of such goods is possible with regard to the products sold or services provided, or to an authorized person.

7.6. The buyer can ask the seller through the claim form to arrange transport to the claim center. In such a case, the seller will arrange the transport of the claimed goods on behalf of the buyer at his own expense using parcel delivery services. The claimed goods are demeed to have been delivered to the seller on the day of their receipt by the seller in the claim center. The forwarder is a third party acting in his own name, and therefore collecting the claimed goods for transport by the forwarder does not affect the commencement of the claim settlement process. The buyer is obliged to pack the claimed goods properly, taking into account their nature and the nature of the claimed defect. The seller shall only be liable for any diminished value of the goods since their receipt at the claim center.

7.7. In the event that the buyer intends to deliver the claimed goods to one of the seller's brick-and-mortar stores, the seller recommends checking the possibility of receiving the goods at this place in advance.

7.8. When filing a claim, the buyer is obliged to prove that the goods have been purchased from the seller and the duration of the warranty period. Furthermore, the buyer is obliged to precisely indicate the type and the extent of the defects of the goods.

7.9. The day of the commencement of the claim settlement process is deemed to be the day on which the buyer is delivered:

1. the claim form,
2. the goods claimed, including the accessories; and
3. access passwords or codes, if these relate to the goods claimed.

7.10. The claim form is attached as Annex No. 1 to these GTCs and the buyer can also fill it in and submit it electronically using this link: https://www.muziker.com/claims.

7.11. The right to a free warranty repair terminates:

1. if the buyer does not prove having purchased the goods from the seller,
2. if the buyer fails to provide the warranty registration card, the accessories, the documentation of the goods or the proof of payment if it serves as the warranty card,
3. if the buyer fails to report defects obvious at the time of receipt of the goods,
4. upon expiry of the warranty period of the goods,
5. in case of mechanical damage to the goods caused by the buyer,
6. in the case of using or storing the goods under conditions which do not correspond to those of appropriate environment due to temperature, humidity, chemical or mechanical influences,
7. in case of misuse or negligent treatment of the goods,
8. in case the damage to the goods has been caused by overuse or by use that is contradictory to the conditions specified in the documentation, general principles, technical standards or safety standards,
9. in case of replacement of original parts of the product,
10. in case of using incorrect supply voltage or incorrect, unauthorized or illegal hardware or software,
11. if the goods have been damaged by unavoidable and / or unforeseeable circumstances,
12. in case of using incorrect, incompatible or non-original consumables, if the defect was caused by the use of such material,
13. in case of damage to the goods by accidental spoilage, deterioration or by natural wear and tear, including the end of life of some of the components (e.g. burning out of a light bulb or reduction in battery capacity).
14. in case the damage to the goods has been caused by a computer virus,
15. in case of inexpert intervention, transport damage, damage by water, fire, electricity or due to force majeure.
16. in case of tampering with the goods by an unauthorized person or using the wrong tools or material,

7.12. The seller shall settle the claim of the buyer - business entity within 60 days.

7.13. The seller is obliged to handle the complaint and settle the warranty claim in one of the following ways:

1. by handing over the repaired goods
2. by replacing the goods
3. by refunding the purchase price
4. by providing an appropriate reduction in the purchase price
5. by a written invitation to take over the remedy specified by the seller
6. by reasoned rejection of the claim.

7.14. The seller shall issue a written document to the buyer stating the method of settling the claim as well as stating that the warranty claim has been settled no later than within 60 days of the date of its commencement.

7.15. The seller can always exchange the defective item for a defect-free item.

7.16. After settling the warranty claim in a way other than returning the purchase price, the seller shall return the claimed item or deliver a replacement item to the buyer. If the buyer fails to take over this item within a reasonable time, the seller shall ask him to do so within an additional reasonable time period specified by the seller, usually within one month. If the buyer does not take over the goods even within this additional reasonable time period, he is obliged to pay the seller a storage fee of 5 € (in words: five euros) for each day, which gets charged for each started day from the deadline for taking over the goods until their handover.

7.17. The warranty period for new goods is 12 months (hereinafter referred to as the "warranty period"), provided that no other, shorter warranty period is specified for specific cases. The warranty period shall commence on the date of receipt of the goods by the buyer. This warranty period expires regardless of whether a longer warranty period or shelf life is indicated on the packaging of the goods. If the warranty period or the shelf life indicated on the packaging of the goods is shorter, this shorter period applies. Defects of the goods and the resulting claims must be exercised by the end of the warranty period. At the end of the warranty period, the right to claim the warranty expires.

7.18. Used goods means goods that have been used, do not contain all parts, have cosmetic defects or their usability is limited (hereinafter referred to as "used goods"). Displayed goods means used goods that have been used by displaying in the seller's walk-in store, have been unpacked and could be used to the extent necessary to demonstrate their properties to other persons (hereinafter referred to as "displayed goods"). Defective goods means goods that have defects which render them unusable and therefore they are not fit for normal use (hereinafter referred to as "unusable goods").

7.19. The warranty period for all used goods is 12 months, unless a different, even shorter warranty period is specified for a specific product in the e-shop.

7.20. If the purchase price of the used item is lower than the price of the new goods, the defect causing the price reduction is not covered by the warranty. Defective goods may be unrepairable and are typically sold for spare parts or for collection purposes. Further description of the defects rendering the goods unusable, and thus defects that are not covered by the warranty, can be found in the description of the goods in the e-shop. Defective goods may be dangerous without prior repair or modification. The usability of defective goods is not covered by the warranty.

7.21. The warranty period shall be extended by the period of time during which the buyer could not use the item due to its repair.

7.22. In the case of replacing goods for new ones, the warranty period commences from the handover of the new goods. The same applies in the event that a part of the goods covered by the warranty is replaced.

7.23. If the defect of the goods is repairable, the seller shall arrange for its repair. If repair is not possible and the nature of the defect does not prevent the normal use of the goods, the parties may agree on an appropriate reduction in the price of the goods; in such a case, it is not possible to claim again the defect for which the appropriate reduction has been agreed.

7.24. Should it be impossible to repair the defect and should the defect prevent the proper use of the item, the buyer is entitled, unless the parties agree otherwise, to exchange the defective goods for goods with the same or similar performance characteristics, or to issue a credit note to the buyer in the amount of the purchase price which the buyer can apply for his next purchase from the seller.

7.25. In the event that the delivery of defective goods significantly violates the contract, the buyer is entitled to:

1. demand a remedy by being delivered replacement goods for the defective goods, by being delivered the missing goods, and demand to remedy legal defects,
2. require the elimination of the defects by repairing the goods, if the defects are repairable,
3. request an appropriate reduction in the purchase price, or
4. withdraw from the contract.

7.26. The choice of the type of the remedy is on the buyer only if he informs the seller of his choice as part of the notification of the defects submitted in a timely manner or without undue delay following this notification. The buyer cannot change the selected type of remedy without the seller´s consent. However, if the defects of the goods prove to be irreparable or the repair would incur disproportionate costs, the buyer may require delivery of replacement goods, provided the buyer requests this without undue delay after the seller has notified him of this fact. If the seller fails to have the defect removed by repair the defects of the goods within a reasonable additional period or if he announces before its expiration that he will not remove the defects, the buyer may withdraw from the contract or request an appropriate reduction in the purchase price.

7.27. If the buyer does not notify the seller of the type of the remedy within the period specified in this Warranty Policy, he is entitled to remedies as in the case of a minor breach of contract.

7.28. If delivering the defective goods violates the contract in an insignificant manner, the buyer can request the delivery of the missing goods, the repair of the defects in the goods or a reduction in the purchase price.

7.29. Until the buyer claims a reduction in the purchase price or until he withdraws from the contract, the seller is obliged to deliver the missing goods and to remedy legal defects of the goods. He is obliged to remove other defects at his discretion either by repairing the goods or by delivering replacement goods.

7.30. In the event that the buyer requests the repair of defects in the goods, he may not exercise claims for defects in the goods other than the claim for damages before the expiry of an additional reasonable period specified by the buyer; this does not apply if the seller notifies the buyer that he will not fulfill his obligations within this period.

7.31. If the buyer does not specify an additional deadline or does not claim a reduction in the purchase price, an additional period for the removal of defects may be specified by the seller. If the buyer, without undue delay after the seller notifies him of the determination of the additional deadline, does not notify the seller of his disagreement with this period, such notice shall be deemed to be the determination of the deadline in accordance with this Warranty Policy.

7.32. If the seller fails to remove the defects of the goods within the period stated by this Warranty Policy, the buyer is entitled to claim a reduction in the purchase price or to withdraw from the contract provided that he notifies the seller of his / her intention to withdraw from the contract at the time of determining the deadline under this Warranty Policy or within a reasonable period before the withdrawal. The buyer cannot change the already selected remedy without the consent of the seller.

7.33. For the purposes of these GTCs, a breach of the contract is deemed material if the breaching party was aware at the time of concluding the contract that the other contracting party would refuse to fulfill his obligations in the event of such a breach of contract, or if such a consequence was reasonable to anticipate at the time of concluding the contract, taking into account the purpose of the contract or the circumstances in which the contract was concluded. In case of doubt, it is assumed that the breach of contract is not material.

7.34. Claim settlement only applies to defects specified by the buyer when filing the claim.

7.35. The buyer's right to claim a defect is depleted after exercising his right and asking the seller to remove the defect of the goods and regardless of the outcome of the claim settlement he is no longer entitled to file a recurrence claim for the same defect.

7.36. If the seller settles the warranty claim by reasoned rejection of the claim, he may propose to the buyer to have the defects repaired at the buyer's expense. In the event of a reasoned rejection of the claim, the seller may also demand reimbursement of the costs incurred in handling the complaint, especially costs related to the diagnosis of the defect performed by a third party (authorized service provider) and the transport of the goods.

7.37. If the seller settles the warranty claim by reasoned rejection of the claim, and the buyer objects to such claim settlement, he may seek redress in court.

8. STATUTORY RIGHT OF WITHDRAWAL

8.1. The seller is entitled to withdraw from the contract for reasons specified in these GTCs and generally binding legal regulations. Furthermore, the seller is entitled to withdraw from the contract due to stock shortage, unavailability of the goods, or if the manufacturer, the importer or the supplier of goods agreed in the contract has discontinued production or made such major changes that have made it impossible to fulfill the seller's obligations under the contract or for reasons of force majeure, or if, even with all reasonable efforts, he is unable to deliver the goods to the customer within the time specified in these GTCs or for the agreed price. The seller is obliged to inform the buyer of this fact without undue delay and return all payments to the buyer in accordance with these GTCs. This does not affect the right of the contracting parties to agree on a replacement performance or an amended price.

8.2. The seller is entitled to withdraw from the contract also if the purchase price stated for the goods at the time of concluding the purchase agreement was clearly incorrect (e.g. incorrectly placed decimal point, a missing digit, the purchase price clearly not in line with the normal market price).

8.3. The buyer is entitled to withdraw from the contract only for reasons specified in this part of the GTCs or a generally binding legal regulation. The buyer - business entity is not entitled to withdraw from the contract for the same reasons for which, according to the first part of these GTC, only the buyer - consumer is entitled to withdraw from the contract (for instance, withdrawal from the contract even without giving any reason for doing so within 14 days).

9. FINAL PROVISIONS

9.1. These GTCs were drawn up on 01.02.2022 and last revised on 03.02.2023. The seller reserves the right to change and supplement the wording of these GTCs. The legal relationship between the contracting parties is always governed by the GTCs valid and effective at the time of submitting the order.

9.1A. The seller displays reviews of individual products and reviews of the overall user experience. Reviews may also include a verbal rating. To ensure authenticity of the reviews using technical means, only people who have actually made a purchase from the seller are invited to write/submit a review, which may be done via a third party (comparison website or review portal). Without compromising the authenticity of the reviews, the seller reserves the right not to display all the reviews or to give priority to displaying the reviews designated by the seller.

9.2. These GTCs have been drawn up in the Slovak language. If these GTCs are also written in a language other than Slovak, the Slovak language version shall always prevail over a different language version.

9.3. If the contract has been concluded in writing, any modification must be in writing. The contracting parties have agreed that the communication between them will take place mainly through e-mails and letters.

9.4. The legal relations between the contracting parties are governed by the contract, these GTCs, the provisions of Act No. 513/1991 Coll. of the Commercial Code as amended and other generally binding legal regulations of the Slovak Republic.

9.5. In the event of a discrepancy between the provisions of the purchase agreement and these GTCs, the provisions of the purchase agreement shall prevail. In the event of a discrepancy between the provisions of these GTCs and the provisions of the purchase agreement individually agreed by the contracting parties, the provisions of the purchase agreement shall prevail.

9.6. The contracting parties shall use their best efforts to amicably settle any dispute, controversy or claim that may arise between them regarding these GTCs, the contract or in connection with it. If the contracting parties fail to settle any dispute arising from these GTCs or the contract amicably, including a dispute over its validity, interpretation or cancellation, the resolution of such a dispute will fall under the jurisdiction of Slovak courts.

10. LIST OF ANNEXES

10.1. The following annexes are an integral part of the second part of these GTCs:

1. Annex No. 1 to the GTCs: Claim form
2. Annex No. 3 to the GTCs: Extra services
3. Annex No. 4 to the GTCs: General terms and conditions of the MUZIKER CLUB loyalty program
4. Annex No. 5 to the GTCs: Erasure of personal data of a member of the Muziker SMILE loyalty program

10.2. Annex No. 2 to the GTCs: The withdrawal form does not apply to the buyer - business entity.

Annex No. 1: Claim form

Claim form

In order to expedite the warranty claim process, fill in this form, print it and enclose with the goods intended for the claim. The goods must be carefully packed, as the seller is not responsible for any damage caused by the forwarder during transport. The seller shall only be liable for any diminished value of the goods from their proper acceptance in line with the GTCs.

Seller:
MUZIKER, a.s.
with its registered office at Drieňová 1H, 821 01 Bratislava, Slovak Republic
registered in the Business Register of the City Court Bratislava III, Section: Sa, File no. 3337/B
ID number: 35 840 773
(hereinafter referred to as the “seller”)

Buyer:

Instructions for filling in the form:

1. The date on which the buyer received a confirmation of acceptance of the order by the seller. Do not state the day the order was placed or the day we informed you about the order registration.
2. You were sent the invoice number and the order ID by e-mail when concluding the purchase agreement.
3. The name and the code of the goods can be found in the invoice or the e-mail that we sent you when concluding the purchase agreement.
4. Provide a precise description of the defects. Claim settlement only applies to defects specified by the buyer.

Instructions for the buyer - consumer: If the defect can be repaired, the buyer is entitled to have the defect removed by repair free of charge, in a timely manner and properly. The seller is obliged to repair the defect without undue delay. The buyer may, instead of having the defect repaired, request a replacement of the item or, in case the defect concerns only a part of the item, a replacement of the part, provided the seller does not incur disproportionate costs in regard to the price of the goods or the severity of the defect. Instead of repairing the defect, the seller can always exchange the defective item for a defect-free item, unless this causes major issues to the buyer.
In the event that the defect that cannot be repaired and it prevents the item from being accordingly used as a defect-free item, the buyer is entitled to a replacement of the item or he has the right to withdraw from the contract. The same rights apply to the buyer in the event of repairable defects, provided the buyer can not accordingly use the item due to the recurrence of the defect following the repair or due to a larger number of defects. In the event of other irreparable defects, the buyer is entitled to an appropriate reduction in the price of the item.

Annex No. 2: Withdrawal form

Withdrawal form

Seller:
MUZIKER, a.s.
with its registered office at Drieňová 1H, 821 01 Bratislava, Slovak Republic
registered in the Business Register of the City Court Bratislava III, Section: Sa, File no. 3337/B
ID number: 35 840 773
return address: Muziker (Return), P3 2, 1102 Lozorno, 900 55 Lozorno, Slovakia
(hereinafter referred to as the “seller”)

Buyer / Consumer:

Consumer guidance: The buyer is obliged to send the goods along with the accessories, including documentation, back to the seller using one of the ways specified in the General Terms and Conditions no later than 14 days from the date of withdrawal from the contract. The seller is not obliged to return the payments to the buyer before the goods are delivered back to him or until the buyer proves the return of the goods to the seller, unless the seller proposes to collect the goods in person or through a person appointed by him. In the event that the buyer withdraws from the contract and the goods he delivers back to the seller have been used or damaged, or the loss in value is attributable to any use or handling of the goods which is not deemed necessary in order to verify the condition, features and functioning of the goods, the seller is entitled to compensation from the buyer for the cost of repairing the goods and restoring the goods to their original condition.

Instructions for filling in the form:

1. The date on which the buyer received a confirmation of acceptance of the order by the seller. Do not state the day the order was placed or the day we informed you about the order registration. Providing this information is optional, but it will help us expedite the registration of returned goods and the refund.
2. You were sent the invoice number and the order ID by e-mail when concluding the purchase agreement. Providing this information is optional, but it will help us expedite the registration of returned goods and the refund.
3. The name and the code of the goods can be found in the invoice or the e-mail that we sent you when concluding the purchase agreement. Providing this information is optional, but it will help us expedite the registration of returned goods and the refund.
4. You are entitled to withdraw from the contract without giving any reason for doing so. If you do not want to give the reason, leave the field blank.

Annex No. 3: Extra services

CHAPTER I.
SCOPE AND DEFINITIONS

1. This annex No. 3 of the GTCs: Extra Services (hereinafter referred to as “this Annex”) defines the additional rights and obligations of the contracting parties related to the complementary services listed in this Annex.
2. Terms not defined in this Annex have the same meaning as assigned to them by the first part of the GTCs if the purchaser of the complementary service is a consumer, or the second part of the GTCs if the purchaser of the complementary service is a business entity.
3. For the purposes of this Annex, extra services shall mean:
   1. Extended Warranty
   2. Shipping Insurance
   3. Express Replacement: The conditions of using this service are governed by the rules listed on this website.
   (hereinafter referred to as "extra services" or "complementary services")
4. All complementary services are optional and provided to the buyer solely on the basis of his will. In no case does the seller condition the conclusion of the contract or the proper performance of his obligations on ordering any of the extra services.
5. If the buyer wishes to order a complementary service or services, he shall tick the appropriate box or boxes at the time of placing the order; ordering the complementary service retrospectively is not possible. The binding acceptance of the proposal to conclude the purchase agreement that includes the complementary service results in creating a contract for the complementary service as well (hereinafter referred to as the "extra service contract").
6. The seller reserves the right not to offer complementary services for certain goods. The buyer is informed about the availability of the extra services for the specific goods at the time of placing the order.
7. Complementary services can be combined or ordered individually.
8. The seller is responsible for defects of the complementary services. The Warranty Policy applies to the handling of complaints.

CHAPTER II.
EXTENDED WARRANTY

1. PURPOSE, SCOPE AND DURATION OF THE EXTENDED WARRANTY

1.1. PURPOSE, SCOPE AND DURATION OF THE EXTENDED WARRANTY

1.2. Unless otherwise specified in this section, the legal relations between the contracting parties arising from the Extended Warranty are subject to the Warranty Policy.

1.3. The Extended Warranty applies only to defects covered by the warranty according to the Warranty Policy. Cases for which the right to a free warranty repair terminates according to the Warranty Policy are also the cases for which the seller is entitled to refuse performance under the Extended Warranty. The seller is also entitled to refuse performance in the event that the buyer has not exercised his claim under the Extended Warranty without undue delay after finding the defect, or if he has continued to use the goods despite the defect.

1.4. The Extended Warranty shall commence on the day following the day on which the warranty period specified by generally binding legal regulations or agreed by the contracting parties expires.

1.5. The duration of the Extended Warranty can be agreed for a period of one, two or three years.

2. SCOPE AND CLAIM SETTLEMENT UNDER THE EXTENDED RETURNS POLICY

2.1. If the buyer exercises a claim under the Extended Warranty, he is obligated to do so in the manner specified for exercising a claim in accordance with the provisions of the Warranty Policy. For this purpose, the buyer shall use the claim form, which forms Annex No. 1 of these GTCs, or the electronic form on the seller's website.

2.2. The buyer is obligated to exercise a claim under the Extended Warranty without undue delay after finding the defect. Otherwise, the right to a free repair under the Extended Warranty terminates.

2.3. In the event of a repairable defect in the goods covered by the Extended Warranty, the seller shall arrange for their free repair.

2.4. In the event of an irreparable defect of the goods covered by the Extended Warranty, the buyer is entitled to return the goods and the seller shall pay him the prorated refund for the goods in the form of a voucher which the buyer can apply for his next purchase from the seller.

2.5. The prorated refund for the goods is calculated by reducing the purchase price by one percent for each started month from the date of the delivery of the goods.

2.6. The seller shall settle the claim under the Extended Warranty without undue delay, however, in justified cases the settlement of such a claim may exceed 30 days, especially if this is necessary due to time-consuming diagnostics of the defect and / or repair of the goods.

2.7. The Extended Warranty commences in accordance with this Chapter, regardless of whether and how many times the buyer has filed a claim during the statutory warranty period, unless otherwise stated below. If the claim filed during the statutory warranty period in accordance with the Warranty Policy was settled by

1. repairing the claimed goods, this fact does not affect the commencement of the Extended Warranty,
2. replacing the goods, the Extended Warranty shall commence on the day following the day on which the warranty period of the exchanged goods expires,
3. reimbursing the purchase price, i.e. withdrawal from the contract, the Extended Warranty terminates,
4. providing an appropriate reduction in the purchase price, this fact does not affect the commencement of the Extended Warranty, however, the Extended Warranty does not apply to defects for which the appropriate reduction has been agreed,
5. reasoned rejection of the complaint, this fact does not affect the commencement of the Extended Warranty.

3. TERMINATION OF THE EXTENDED WARRANTY

3.1. The Extended Warranty terminates upon

1. expiry of the time agreed,
2. withdrawal of one of the contracting parties from the contract,
3. withdrawal of the buyer - consumer from the contract for the Extended Warranty extra service.

3.2. In the event of termination of the Extended Warranty pursuant to points b) and c) of the previous paragraph, the seller shall refund the buyer the fee for the Extended Warranty in the manner and under the conditions defined in these GTCs. This does not affect the provisions of these GTCs on withdrawal from the contract.

3.3. The buyer - consumer is entitled to withdraw from the contract for complementary services without giving any reason for doing so within 14 days of the date of its conclusion. Withdrawal solely from the contract for the complementary service does not affect the duration of the purchase agreement. The procedure for withdrawal from the purchase agreement defined in these GTCs shall also apply mutatis mutandis to the withdrawal from the supplementary contract.

3.4. If any of the contracting parties withdraws from the contract, the Extended Warranty service is also cancelled and the seller shall refund the buyer the fee for the Extended Warranty in the manner and under the conditions defined in these GTCs. This does not affect the provisions of these GTCs on withdrawal from the contract.

CHAPTER III.
SHIPPING INSURANCE

1. DEFINITIONS AND TERMS OF PERFORMANCE OF THE SHIPPING INSURANCE SERVICE

1.1. The Shipping Insurance Service means the seller's activity consisting in the expeditious receipt of notifications of defects caused by transport and their accelerated removal by replacing the goods for new ones outside the warranty policy procedure, in the manner and under the conditions defined in this section (hereinafter referred to as the "Shipping Insurance"). The Shipping Insurance extra service is not an insurance contract and the relationship thus established between the contracting parties is not insurance in the sense of generally binding legal regulations. Shipping Insurance is a commercial service offered to the buyer for a fee.

1.2. Shipping Insurance does not limit or condition the seller's liability for defects in the goods as defined by generally binding legal regulations and the Warranty Policy.

1.3. Shipping Insurance only covers

1. damage to or destruction of the goods likely to have been caused during transport; and
2. the goods which are the subject of the purchase agreement for which the contract for this complementary service has been concluded.

1.4. A claim under the Shipping Insurance cannot be exercised

1. for goods or damage other than those referred to in the previous paragraph, or
2. after the expiration of the claim period.

2. TERMS AND CONDITIONS OF CLAIMS UNDER THE SHIPPING INSURANCE

2.1. The buyer is obliged to exercise a claim under the Shipping Insurance with the seller without undue delay, but no later than the next working day following the receipt of the goods. If the goods are delivered to the buyer separately, the period for exercising the claim runs for each of the consignments separately.

2.2. A claim under the Shipping Insurance shall be exercised by writing to the seller's e-mail address: [email protected] (hereinafter referred to as the "notification"). The notification shall contain the identification of the buyer, the invoice number and the order ID and a detailed description of the damage to the goods, including photo documentation.

2.3. Upon receipt of the notification by the seller, the parties shall agree on the date and the method of returning the goods to the seller. The seller shall dispatch new goods to the buyer using the same method as selected by the buyer in his order, without undue delay after the original goods have been delivered back to the seller. In the event that the replacement of the damaged goods with new ones is not possible due to stock shortage or the unavailability of the goods, the seller may agree with the buyer on the delivery of alternative goods. The costs arrising from the return of the original goods and the delivery of the new goods under the Shipping Insurance shall be borne by the seller.

2.4. The goods that are sent to the buyer as replacement for the original goods are covered by the Shipping Insurance in the same way as the original goods, automatically and without the obligation of further payments.

3. PROVISION OF THE SERVICE AND WITHDRAWAL FROM THE CONTRACT

3.1. The buyer - consumer is entitled to withdraw from the contract for the complementary service without giving any reason for doing so within 14 days of the date of its conclusion, but no later than until its full performance. Withdrawal solely from the contract for the complementary service does not affect the duration of the purchase agreement. The procedure for withdrawal from the purchase agreement defined in these GTCs shall also apply mutatis mutandis to the withdrawal from the supplementary contract.

3.2. Due to the nature and purpose of the Shipping Insurance service it is possible to start providing this service only before the expiration of the withdrawal period, and it is considered to have been provided in full by the expiration of the period within which the buyer exercise a claim resulting from this service, or by the delivery of new or other goods.

3.3. The seller shall hereby advise the buyer that by granting consent (submitting the order) to start providing the service before the expiration of the withdrawal period, the buyer loses the right to withdraw from the contract for the complementary service after the service has been provided in full.

3.4. By submitting the order, the buyer declares that

1. has been duly informed of the impossibility to withdraw from the contract for the complementary service pursuant to the preceding paragraph, and
2. agrees to start providing the Shipping Insurance service before the expiration of the withdrawal period.

3.5. This does not affect the right of the buyer - consumer to withdraw from the purchase agreement in accordance with these GTCs or his / her right to file a claim in accordance with the Warranty Policy. If the buyer withdraws from the purchase agreement after the expiration of the period for exercising a claim arising from this complementary service, the seller is not obliged to reimburse the fee for the Shipping Insurance service to the buyer.

CHAPTER IV.
UPSTAIRS IN-HOME DELIVERY SERVICE

1. PURPOSE AND SCOPE OF THE UPSTAIRS IN-HOME DELIVERY SERVICE

1.1. Upstairs in-home delivery service (hereinafter referred to as "Upstairs delivery") means the activity of the carrier arranged by the seller for the buyer consisting of the delivery of the goods beyond normal delivery, as requested, to the buyer's home or similar premises designated by the buyer.

1.2. Upstairs delivery is a commercial service offered to the buyer for a fee.

1.3. The seller reserves the right to offer Upstairs delivery only in countries and/or regions selected by the seller based on non-discriminatory criteria determined by the seller, and also the right to change these criteria at any time at the seller's sole discretion.

2. CONDITIONS AND METHODS OF UPSTAIRS DELIVERY

2.1. The buyer is obliged to cooperate with the carrier and create the necessary conditions for bringing the goods to the apartment. For this purpose, the buyer is obliged to ensure free access to the premises where the goods are to be delivered, to ensure sufficient space, including transitional parts, for handling the goods and, if necessary, to take the necessary measures to prevent damage (for example, by covering the floor, protecting the corners of the walls, by removing fragile objects from the vicinity of the handling of goods, etc.).

2.2. Neither the seller nor the carrier shall be liable for the impossibility of providing the Upstairs delivery or for any damage caused by the failure to provide the necessary cooperation. Furthermore, the buyer is obliged to compensate the seller or the carrier for the damage caused by the failure to provide the necessary cooperation.

3. PROVISION OF THE SERVICE AND WITHDRAWAL FROM THE CONTRACT

3.1. The buyer-consumer is entitled to withdraw from the contract for the additional service without giving any reason within 14 days from the date of its conclusion, but at the latest until it has been provided in full. Withdrawal from the additional service contract alone shall not affect the duration of the purchase contract. The withdrawal procedure under these GTC shall also apply to the withdrawal from the supplementary contract.

3.2. It follows from the nature and purpose of the Upstairs delivery service that it can only be commenced before the expiry of the withdrawal period, and that it is deemed to have been fully rendered by the delivery of the goods to the designated place. For the purposes of this paragraph, the goods shall also be deemed to have been delivered in-home if the carrier has attempted to deliver them in-home but has been unable to complete the process due to the buyer's failure to comply with his obligations under paragraph 2.1.

3.3. The seller instructs the buyer that by giving consent (placing an order) to commence the provision of the service prior to the expiry of the withdrawal period, the buyer loses the right to withdraw from the contract for the additional service once the service has been fully provided.

3.4. By completing the order, the buyer declares that

1. he has been duly advised of the impossibility of withdrawing from the additional service contract in accordance with the preceding paragraph; and
2. he agrees to commence the provision of the Upstairs in-home delivery service prior to the expiry of the withdrawal period.

3.5. The right of the buyer - consumer to withdraw from the purchase contract according to these GTC or the right to file a claim according to the Claims procedure is not affected by this.

Annex 4: General terms and conditions of the Muziker SMILE loyalty program

1. GENERAL PROVISIONS

1.1. These General terms and conditions of the MUZIKER SMILE loyalty program (hereinafter referred to as the "Membership terms and conditions") regulate the terms and conditions of membership in the MUZIKER SMILE loyalty program (hereinafter referred to as the “club”) and related relations between the club operator, Muziker, a.s., with its registered office at Drieňová 1H, 821 01 Bratislava, Slovak Republic, ID number 35 840 773, registered in the Business Register of the City Court Bratislava III, Section: Sa, File no. 3337/B (hereinafter referred to as the “operator”) and a club member who is a natural or legal person and who has expressed a will to become a member of the club and has met the conditions of membership (hereinafter referred to as a “club member” or “member”) (the operator and the club member hereinafter also referred to individually as "contracting party" or collectively as "contracting parties").

1.2 The MUZIKER SMILE customer loyalty system is a system of benefits provided to Muziker customers. Although these GTC regulate the rights and obligations of the contracting parties to a purchase agreement concluded through the online shop, the benefits of the club can also be enjoyed in the seller's brick-and-mortar stores.

1.3. These membership conditions are an integral part of these GTCs, in which the operator is also referred to as the seller. A club member does not have to be a buyer in the sense of these GTCs.

1.4. The terms not defined in this annex shall have the same meaning as given to them in the first part of the GTC, if the buyer is a consumer, or in the second part of the GTC, if the buyer is a business entity.

2. JOINING, DURATION AND TERMINATION OF MEMBERSHIP

2.1. Becoming a member of the club means having assigned a member's loyalty card (hereinafter referred to as the "loyalty card"), which the member receives by means of an email following the successful registration of his / her membership.

2.2 Membership can be registered as part of the customer registration on the website or at any of the operator's brick-and-mortar stores, either when creating an order or independently. Furthermore, membership can be registered by a customer who has previously created a customer account, but without having currently registered for the club, by submitting a new order while actively logged in to that account. Registration of an account on the operator's website without registration in the club is not possible.

2.3 Retroactive membership registration is not possible. It is also not possible to retroactively claim club benefits. If registration for the club is made in accordance with Article 2.2, 2nd sentence, of these membership conditions, membership in the club shall not be effective until the date of order placement.

2.4. Membership is free of charge and is created for an indefinite period.

2.5. The club membership, the loyalty card and the club benefits are non-transferable.

2.6. Membership shall terminate upon cancellation of the membership registration by the operator. The operator shall cancel the membership on the basis of the club member's written request to terminate the membership or at its own discretion. The operator shall cancel the membership in particular if the member has violated the conditions of membership or if the operator has a reasonable suspicion that the member uses the club in violation of generally binding legal regulations or for violating the rights of third parties, for facilitating criminal activity, or a reasonable suspicion that the real user of the club or the customer account is a person other than the registered person. If the membership is terminated by the club member, the operator shall cancel the membership within a reasonable time frame of the date of receipt of the request to terminate the membership.

2.7. Regardless of the method and reason for termination, the termination of membership results in the irrevocable loss of all unused available and reserved points and the deactivation of the member's loyalty card. Upon termination of the membership, all personal data collected from the member of the club by the operator during the course of the membership shall be deleted, in accordance with Section 8 of the first part of the GTC governing personal data and their protection.

3. BENEFITS OF CLUB MEMBERSHIP

3.1. The advantages of club membership are, in particular:

1. Point-based loyalty program,
2. Extended period for withdrawal from the contract,
3. Extended warranty

3.2. Membership benefits according to points (b) and (c) of the preceding paragraph may only be used by a member who is a consumer.

3.3. The list of the benefits in para. 3.1 is the minimum range of benefits. The currently valid range of benefits is published on the operator's website. The operator reserves the right to change the range of the benefits.

4. POINT-BASED LOYALTY PROGRAM

4.1. The point-based loyalty program means a loyalty system of collecting points and using them in the manner and under the conditions defined in these membership conditions.

4.2. The member will earn points by making a purchase of goods from the operator. The amount of points a member can earn after meeting the conditions is based on the purchase price of the goods, subject to the member earning one point for each euro paid. In the event that the purchase price of the goods is quoted in a currency other than the euro, the points will be converted at the rate currently used by the operator and displayed to the purchaser in the shopping basket or during the purchase process. The operator is entitled, at its sole discretion, to credit a different amount of points (less or more) for the purchase of a specific product than specified in this paragraph.

4.3. Collecting points is subject to the following conditions:

1. for purchases from the e-shop: club membership, ownership of the loyalty card, having created a customer account on the operator's website, being logged in to the customer account when placing the order and a positive point value indicated in the detail of the product in the e-shop´s catalogue;
2. for purchases in brick-and-mortar stores: club membership, proving the ownership of the loyalty card (by presenting the loyalty card, declaring the loyalty card number or providing the e-mail address linked to the registration), valid registration for the customer account on the operator's website and a positive point value indicated in the detail of the product in the e-shop´s catalogue.

4.4. In the event that the purchase price for the goods is individually negotiated or adjusted, or if the member applies a discount coupon for certain goods or for the entire order, the entitlement to collect points belonging to these goods or orders may be reduced or may not arise at all. Likewise, the entitlement to collect points shall not arise for the purchase of goods that are the subject of the order, for which the previously obtained points have even partially been applied. The points cannot be applied for the order for which they are to be collected.

4.5. If the contract was concluded via the e-shop, the points earned will be credited to the member and the member will not be able to use them until 30 days have elapsed from the date of receipt of the goods. If the contract was concluded in a brick-and-mortar shop, the points earned will be credited to the member and can be used immediately; this does not apply if the member has chosen the instalment or invoice payment option. In this case, the points earned will be credited to the member and the member will not be able to use them until 30 days have elapsed from the date of receipt of payment by the operator.

4.6. The current balance of the available points shall be displayed to the club member when he / she actively logs in to his / her customer account, or, when shopping at one of the brick-and-mortar stores, it shall be indicated on the cash payment receipt for the purchase, or this information shall be provided by the staff of the brick-and-mortar store upon request.

4.7. If the club member does not make a new purchase using the loyalty card in the active login status or in the brick-and-mortar store within 24 months of the last purchase, his/her previously earned points will expire. Whether this new purchase results in the acquisition of new points or the redemption of available points is irrelevant.

4.8. In order to use the collected points, the member shall determine how many of the available points he / she intends to use for the order prior to submitting the order. The number of points thus selected shall be reflected in a reduction in the purchase price, with the purchase price being reduced by one euro cent for each point used. In this way, it is possible to obtain the goods free of charge if the purchase price is reduced to € 0 (in words: zero euros).

4.9. The collected points can only be used for purchases from the operator's e-shop. It is not possible to use the points for purchases in the operator's brick-and-mortar stores.

4.10. In the event of withdrawal from the purchase agreement by one of the parties in any way, the operator is not obliged to return the used points to the club member. If the club member has not reduced the purchase price to € 0 by paying with points and he / she has paid the reduced purchase price, the operator shall refund the payment only in the amount of the reduced purchase price.

5. EXTENDED WITHDRAWAL PERIOD

5.1. A club member is entitled to withdraw from the contract concluded through the e-shop without giving any reason for doing so after the expiration of the statutory 14-day withdrawal period, no later than 30 days from the date of delivery (hereinafter "extended withdrawal period").

5.2. Exercising this right is conditioned on club membership, ownership of the loyalty card and being logged in to the customer account when submitting the order. The right to withdraw from the contract in the extended period applies only to the goods which are the subject of the order according to the previous sentence and which are undamaged, without signs of use and packed in the original packaging.

5.3. In the event of withdrawal from the contract within the extended period, the operator shall not reimburse the payment to the club member, but shall issue him / her a credit note in the amount of the purchase price which the buyer can apply for his / her next purchase from the seller.

5.4. Withdrawal from the contract within the extended period is not possible in the same cases where it is not possible to withdraw from the contract within the statutory period. The other provisions of these GTC on withdrawal from the contract shall apply mutatis mutandis.

5.5. This does not affect the right of the buyer - consumer to withdraw from the purchase agreement pursuant to these GTCs or the right to file a claim in accordance with the Warranty Policy.

6. EXTENDED WARRANTY

6.1. Goods which are covered by a warranty period of at least 24 months and meet the conditions defined in this Art. 6 shall be subject to the Extended Warranty extra service.

6.2. The Extended Warranty extra service is conditioned on club membership, ownership of the loyalty card and being logged in to the customer account before placing the order. The Extended Warranty only applies only to the goods that are the subject of the order submitted in accordance with the previous sentence.

6.3. The Extended Warranty service is activated automatically for a club member for a period of one year. In the event that a club member has ordered the Extended Warranty complementary service for a fee, i.e. beyond this membership benefit, the paid Extended Warranty is prolonged by one year.

6.4. The provisions of these GTCs on the Extended Warranty complementary service shall apply to the Extended Warranty extra service provided to club members.

7. FINAL PROVISIONS

7.1. The relationship between the operator and the club member not regulated by these conditions shall be governed by the The General Terms and Conditions.

7.2. The operator is not accountable for

1. damage resulting from the misuse of the loyalty card;
2. limited use of the club for reasons on the part of third parties (e.g. the operator´s business partner);
3. limited use of the club due to circumstances beyond the control of the operator.

7.3. The operator is entitled to suspend the operation of the club or the use of the membership benefits

1. for security reasons;
2. due to force majeure;
3. on the basis of a decision of a public authority;
4. in order to enable repairs, works, revision and maintenance necessary for the operation of the technical equipment enabling the operation of the club;
5. for other reasons that serve the legitimate interests of the operator or one or more members of the club.

7.4. The operator shall inform the club member about the suspension of the club's operation or the use of membership benefits by means of an announcement published on the operator's website.

Annex 5: Erasure of personal data of a member of the Muziker SMILE loyalty program

1.1. This section follows and complements the General Terms and Conditions of the Muziker SMILE Loyalty Program and regulates the procedure for the erasure of the personal data of a member of the Muziker SMILE Loyalty Program (hereinafter referred to as the "Club" or "MUZIKER SMILE"). 

1.2. For the purposes of this section, a Club Member is a natural person or legal entity who has expressed a desire to become a Club Member and has met the Membership Requirements set forth in Annex 4 of these T&C, and who may also be a user of the social media Facebook, operated by Inc., 1 Hacker Way, Menlo Park, CA 94025, USA, through or by means of which the Membership has been registered (hereinafter referred to as the "Club Member"). 

1.3. The Club Member may request the erasure of their personal data collected to date by the Club Operator, which is Muziker, a.s, with its registered office at Drieňová 1H, 821 01 Bratislava, Slovak Republic, ID No. 35 840 773, registered in the Commercial Register of the Municipal Court Bratislava III, Section: Sa, File No. 3337/B (hereinafter referred to as the "Operator"), together with a request for deletion of the MUZIKER SMILE account (hereinafter referred to as the " Deletion") via their own MUZIKER SMILE account.

1.4. A Club Member requests deletion as follows: 

1. Log in to their SMILE MUZIKER account; then 
2. Go to the main menu; then 
3. Select their SMILE MUZIKER account; then 
4. Go the "Personal Data" section; then 
5. at the bottom of the "Delete Account" section, request erasure by clicking on "Delete Account"; then 
6. the Operator will ask the Club Member to confirm the Club Member's request for deletion, which the Club Member must then confirm by clicking "Confirm" if the Club Member insists on deletion; then 
7. after confirming the deletion request, the Club Member will receive an e-mail in which the Club Member will confirm their deletion request, if they insist on deletion, by clicking on "Confirm deletion of account" and then the deletion is carried out. 
8. The MUZIKER SMILE account will be deleted and at the same time the personal data collected to date by the Club Operator will be deleted in accordance with point 1.5. of this section.

1.5. The erasure of personal data previously collected by the Club Operator will be carried out in accordance with the GDPR deadlines, no later than 30 days after the request for erasure.