General terms & conditions

1. Basic provisions

The general terms and conditions posted on this site (hereinafter referred to as GTC) apply to shopping via the e-shop www.sparkrock.cz and are part of the purchase contract.The operator of the online store SMILE MUSIC s.r.o., Vršovická 16 101 00 Praha 10, vedená v OR MS v Praze, section C,file 189157,ID: 24212709 VAt: CZ 24212709.

GTC specify the relationship between the Buyer and Seller in details in the sale of goods between SMILE MUSIC s.r.o. (hereinafter referred to as the "Seller") and its business partners (hereinafter the "Buyer").

The Buyer has access to these GTC and thus has the opportunity to become familiar with them before placing an order.By placing an order, the Buyer confirms that he/she is familiar with these GTC - which include the complaints procedure -and agrees with them.

2. Definition of Terms

The consumer contract is a purchase contract, contract for work or other contracts where the parties are a consumer on the one side and a supplier on the other side.

The Seller is the company SMILE MUSIC s.r.o., Vršovická 16 101 00 Praha 10, OR MS in Prague, section C,file 189157,ID: 24212709 VAt: CZ 24212709

The customer of our online store is the Buyer.Given the existing law, there is a distinction between a Buyer who is a consumer, and a Buyer who is not a consumer.

Buyer consumer or a consumer is a person who, at the conclusion of the contract does not do so within the context of his commercial or other business activity. This is a natural or legal person who buys goods or services for purposes other than trading these products or services.

The Buyer who is not consumer (hereinafter referred to as "Buyer, not a consumer"), is a person who at the conclusion of the contract acts within the context of commercial or other business activities and who buys products or uses services for their business with these products or services.This Buyer is governed by terms and conditions to the extent which involves them and by the Commercial Code.

3. Purchase Contract - Ordering and prices

The Buyer forwards contact information which is necessary for the smooth execution of the order to the Seller. This is also supplemented by information required for entry in the purchase documents.

The Buyer is aware that the purchase of products that are in the business offer of SMILE MUSIC s.r.o., does not establish the right to use the registered trademarks, trade names, company logos, etc. ofSMILE MUSIC s.r.o. or contractors of SMILE MUSIC s.r.o., - unless a special contract for a specific case is agreed.

The Buyer can conclude the contract:

• through the online store at www.sparkrock.cz,
• by e-mail at info@sparkshop.cz,
• In person at the seat of the company.

An agreement negotiated through the online store at www.sparkrock.cz is validly concluded by adopting the draft contract at www.sparkrock.cz, i.e. by inserting the required performance (goods or electronic content) to a cart and by a binding confirmation of the order.Before the Buyer confirms the binding order, the Buyer has the right to change either the required performance, or transport and method of payment, i.e. to check all the data entered into the order.The purchase contract is created by the Buyer sending a binding order after choosing transport and method of payment and by acceptance of orders by SMILE MUSIC s.r.o. SMILE MUSIC s.r.o. is not be responsible for any errors during data transfer.Conclusion of Contract shall be confirmed by the Seller SMILE MUSIC s.r.o. to the Buyer immediately by a notification e-mail to the e-mail address specified by the Buyer.This notification e-mail has no effect on the purchase contract.

The offer of goods, including the purchase price published on the site at the time the order is sent by the Buyer, is valid for the purposes of the purchase agreement.The condition of an electronic order is to complete all required data and information in the order form.

The contract is concluded in the Czech language; unless there are circumstances on the side of the Seller or Buyer, the contract can be concluded also in another language intelligible for the other side to read.

Prices are final, i.e. including VAT, respectively all other taxes and fees that the consumer must pay to obtain the goods.The delivery is always a proper tax document - the invoice that will be delivered to the Buyer within the packaged goods (unless otherwise agreed upon by the Seller and the Buyer otherwise).The Buyer has the opportunity to know the fact how long the offer or price remains valid.

4. Conflict with the contract

In the event that the matter, at the time of receipt by the Buyer is not in conformity with the contract (hereinafter the conflict with the contract), the Buyer has the right to request the Seller to put the product in accordance with the purchase agreement, free of charge and without undue delay, according to the Buyer's request, either by exchange or repair;if such a procedure is not possible, the Buyer may request a reasonable discount on the price or cancel the contract.This does not apply if the Buyer knew about the conflict with the contract before the takeover or if he caused the conflict with the contract. Conflict with the contract, which will take effect within six months of the acceptance, is considered to be inconsistency at the time of its acceptance, if it does not contradict the nature of things or if it is not proven otherwise.

Conflict with the contract, in particular, means that the item sold does not have the quality and properties required by the contract, described by the Seller, manufacturer or its representative, or expected on the basis of their presented ads, or the quality and properties for the cause of the same kind that does not meet the legal regulations, is not in the correct quantity, measure or weight and does not meet the purpose for which the Seller presents the goods or for which matter they are normally used.

Fundamental breach of contract

If defective performance constitutes a fundamental breach of the contract, the Buyer has the right:

• to have the defects removed by delivery of new items without defects or delivery of missing items, unless this is due to the nature of the defect unreasonable, but if the defect affects only part of the case, the Buyer may require only replacement of parts;if this is not possible, he can withdraw from the contract.If, however, due to the disproportionate nature of the defect, especially if the defect can be removed without undue delay, the Buyer has the right to free remedy;
• to eliminate the defect by repairing the goods,
• a reasonable discount on the purchase price, or
• withdrawal from the contract.

The Buyer shall inform SMILE MUSIC s.r.o., which right he has chosen while notifying defects or without undue delay after notification of the defect. The option selected cannot be changed by the Buyer without the consent of SMILE MUSIC s.r.o..;this does not apply if the Buyer asked for the repair of defects which will prove to be unrecoverable.If SMILE MUSIC s.r.o. does not eliminate the defects within a reasonable period or notifies the Buyer that the defects will not be removed, the Buyer may, instead of requiring the removal of defects, request a reasonable discount on the purchase price or cancel the contract.If the Buyer does not exercise his rights within the specified time, he has the same rights as in the case of a minor breach of contract - see below.

Buyer-consumer has the right to an adequate discount even in the case that SMILE MUSIC s.r.o. cannot deliver a new item without defects, replace the part or repair the goods, and if SMILE MUSIC s.r.o. has not remedied this within a reasonable time, or that redress to consumers would cause considerable difficulties.

Minor breach of contract

If defective performance constitutes an insignificant breach of contract, the Buyer has the right to have defects eliminated or to a reasonable discount on the purchase price.

SMILE MUSIC s.r.o. can supply missing items, or remove the legal defect until the Purchaser exercised its right to reduce the purchase price or withdraws from the contract.SMILE MUSIC s.r.o. may eliminate other defects by its own choice by repairing the goods or delivering new ones.

If SMILE MUSIC s.r.o. do not eliminate the defect in a timely matter or refuses to remove the defect, the Buyer may require a reduction of the purchase price or cancel the contract. The option selected cannot be changed by the Buyer without the consent of SMILE MUSIC s.r.o.

The Buyer has the right to have new goods delivered or parts replaced even in the case of removable defects if the goods cannot be properly used due to a recurring defect or for a larger number of defects.In this case, the Purchaser has the right to cancel the contract.

When delivering new goods,SMILE MUSIC s.r.o. shall return at its expense to the Buyer the goods originally supplied.

If the Buyer did not report the defect without undue delay after he could in a timely inspection and adequate care know, he will not be entitled by the Seller to demand the right from the defective performance.If there is a hidden defect, the same applies, if no defect is notified without undue delay after the Buyer could determine with sufficient care, but not later than two years after the takeover of the goods.

By Guarantee for the quality, SMILE MUSIC s.r.o. agrees that the goods will be eligible to be used for normal purposes or will retain the usual properties for a certain period.These conditions involve putting the warranty period or shelf life of the goods on the label or in advertising.The guarantee can also be granted to an individual component of the goods.

The warranty period runs from the submission of the goods to the Buyer; if the goods were sent under the contract, this runs from the arrival of the goods to their destination.

The Buyer has no right from the guarantee if the defect was caused after the transfer of risk of damage to the Buyer by an external event.

5. Withdrawal from the contract, cancellation of the order

The consumer has the right to withdraw from the contract within fourteen days.The deadline under the first sentence runs from the date of conclusion of the contract and in the case of

• purchase agreement from the date of receipt of goods,
• an agreement with the object of several kinds of goods or supply of several parts, from receipt of the final delivery of the goods, or
• an agreement with the object of repeated periodic delivery of goods, from receipt of the first delivery of goods.

The consumer Buyer has the right to withdraw from the contract within 14 days from delivery of goods without giving any reason and without any penalty.In case of withdrawal the consumer Buyer is obliged to:

• send a letter (in writing to the Seller's address or in electronic form to the address info@sparkshop.cz) with information about the intention to withdraw from the contract (i.e. "I hereby withdraw from the contract ...") or a letter personally delivered to the company seat.The letter must be dated and signed and must contain the number of the sales contract (invoice number), bank account number of the Buyer (if asking for a refund of the purchase price paid to the account, otherwise the address of the Buyer for reimbursement of the purchase price paid through money order)
• deliver the goods to the address  SMILE MUSIC s.r.o., Vršovická 16 101 00 Praha 10, together with a letter under the previous point; goods sent back to the Seller's address must be in the original intact packaging, with no signs of use, must be undamaged and complete, and if possible, together with proof of payment; the goods must not be sent cash on delivery (in this case, they it will not be collected); we recommend insuring the goods;the goods can also be delivered personally to the company seat,

When all the above conditions for returning goods are fulfilled, we will send the amount paid for the goods or part (corresponding to the purchase price paid for goods reduced by the amount proportionate to wear, resp. decreased by the direct cost of returning the goods) by transfer to the Buyer's bank account, money order to the address indicated by the Buyer, or we will hand over the money to the Buyer at the company's seat, and at the latest within 30 working days from receipt of the goods.

In the event that any of failure to comply with any of the above required conditions for withdrawal, the Buyer will not accept the cancellation, and the goods will be returned at the expense of the Seller; the Seller in this case is entitled to charge any additional expenses incurred.

The Buyer cannot withdraw from the contract in the following cases:

• the provision of services if their performance was started with agreement before the expiry of 14 days from the receipt of execution,
• the supply of goods or services whose price depends on the fluctuation of financial markets beyond the control of the supplier
• delivery of goods adjusted as desired by the consumer or to his person, as well as goods subject to rapid deterioration, wear and tear,
• delivery of audio and video recordings and computer programs if the consumer has destroyed the original packaging,
• the delivery of newspapers, periodicals and magazines,
• participation in a game or lottery.

The consumer also cannot withdraw from the contract for goods which cannot be returned because of their character, according to European Parliament and Council Directive 97/7 / EC on the protection of consumers in respect of distance contracts.

In the event that the goods have been delivered to the purchaser with free gifts, the Buyer must, in case of withdrawal, return the gifts provided.

The Seller reserves the right of withdrawal:

In the event that the price of goods offered is very different from the normal selling price of the goods, or if there has been an obvious error in the revaluation of the price of goods, (this means more than 40% price difference from the regular market price), the Seller has the right to withdraw from the contract.

In the event that the goods in the internet shop are labelled "Sales" and goods at a reduced price are in limited quantities - in the case of these goods it is not possible to buy more items than the current warehouse stock.In the event of depletion of stocks of goods, the Seller reserves the right to withdraw from the contract for orders which cannot be satisfied.Orders are always processed in the order in which they are recorded.

6. Price and delivery date for pre-orders

The date of delivery of goods is not made at the time of order (hereinafter referred to as "pre-ordered goods"), as well as the price of these goods are for guidance only.In most cases, the price during the pre-sales / bookings remain unchanged, however, the Seller reserves the right that if a change occurs, he will inform the customer in due time, and the customer has the opportunity to cancel the pre-order if the changed price is not acceptable to him.

VAT and Discounts

After putting discount code percentage or exact amount will be deducted in CZK including VAT.

Status of availability od goods

Out of stock

This product is temporarily out of stock. You will be notified when restocked by newsletter.

Temporarily unavailable

We work hard to restock this product as soon as possible.

Stocked at the supplier

We don’t have goods from foreign supplier stocked. Once we accept your order and payment, we request your product. Upon receiving it, it will be immediately shipped to your address. Please note, that due to covid restrictions, the delivery time could be longer than usual. You will be notified on your order status by an email. In case you’d like to know more about your order, please contact us. This order cannot be paid by cash on delivery.

On demand

The on-demand products are often rare and special priced goods. Supplier stocks can vary and we need to check the availability first. Once the product is available, we will send you an invoice. Upon your payment, we order the product for you and ship it over once we got it. This order cannot be paid by cash on delivery.

We are also capable of offering you other interesting products. Our motto is personal communication with customers. We are looking forward to orders tailored to your desire.

Stocked

This product is ready to be shipped from our warehouse. Can be paid by cash on delivery.

7. Payment conditions and the proprietary title

Payment for goods ordered can be made in the following ways:

• Credit card payment
• Bank transfer

Title to the goods passes to the Buyer by his acceptance (subject to payment of the purchase price, or paying the first instalment of the repayment scheme). The payment date is considered the day on which the amount corresponding to the purchase price incl.VAT is credited to the account of the Seller or the receipt of cash payment.

E-shop Sparkshop.cz operates in CZK. If you choose the option to pay by card in EUR, the system will convert the amount in CZK according to the internally determined fixed exchange rate derived from the Czech National Bank. However, once you connect to the payment gateway, the amount in CZK will be converted at the rate of your bank and a different amount will be deducted from your bank account. Banks tend to have worse rates. Unfortunately, we are not able to influence this in any way.

8. Delivery terms

Goods can be transferred to the customer in the following ways:

• delivery via Czech Post  

Price for transportation is listed on this page.

An incomplete or damaged consignment must be immediately notified to the address info@sparkshop.cz.In the case of damaged shipment, it is necessary to draw up a damage report with the carrier and to immediately send it to the Seller.

9. Costs of using means of distance communication

Buyer agrees with the use of distance communication in concluding the purchase contract.Costs incurred by the Buyer by using means of distance communication in connection with concluding the purchase agreement (the cost of Internet access, telephone costs) are covered by the Buyer himself.

10. Opening Hours

Orders through the online store at www.sparkrock.cz can be submitted 7 days a week, 24 hours a day.The goods are shipped on weekdays only.

11. Guarantee on goods

The warranty period is calculated from the date when the Buyer took possession of the goods.The statutory warranty period is 24 months. The Seller may extend this warranty period. In this case, it is indicated for specific goods in the shop and also on a guarantee document (invoice).If there is an exchange of goods, a new warranty period of 24 months commences. After settling the claim, the warranty period is extended by the duration of the claim.In the case of an apparently unjustified complaint, where the appearance of illegitimacy must have been obvious to the average consumer, the warranty period is not extended.

Acceptance of the goods means the moment of handing over the goods from the Seller to the Buyer or an employee of the carrier handing over the goods to the Buyer. As a document of warranty, the Seller passes to the Buyer proof of purchase (invoice) with an indication of the data as given by the law.

At the request of the consumer, the Seller must provide a guarantee in writing (warranty). If it is the nature of the goods, instead of the warranty certificate it is sufficient to provide the Buyer with a proof of purchase of the goods which contains the details which must be included on warranty certificate.If given more than the statutory warranty, the Seller shall determine the conditions and the extent of the warranty extension on the warranty certificate.The warranty certificate must contain the name and surname, name or trade name of the Seller, identification number, registered office in the case of a legal person, or residence in the case of a natural person.

12. Warranty Conditions

The Buyer is obliged immediately after receiving the goods, along with the carrier, to check the external condition of the goods (the packaging is intact, number of parcels) according to the delivery list.In case the consignment is obviously incomplete or damaged, the Buyer is entitled to refuse to accept such consignment.

An incomplete or damaged consignment must be immediately notified to the address info@sparkshop.cz.In the case of damaged shipment, it is necessary to draw up a damage report with the carrier and to immediately send it to the Seller.

The address for submission of a complaint is SMILE MUSIC s.r.o., Vršovická 16 101 00 Praha 10. The goods may not be sent cash on delivery, otherwise they will not be accepted by the Seller and they should be insured. The consignment should also include a copy of the purchase receipt and a description of the problem or reason for the complaint. The Buyer selects the preferred method of settling the claim (see below).

Receipt of goods for the complaints procedure must be confirmed to the Buyer by the Seller immediately and in an appropriate manner (in principal by an e-mail or in person at the store), specifying the date of application, what is contained in the complaint and what method of claim the Buyer requests, and without undue delay.

The warranty does not cover damage caused by improper use or improper or inadequate treatment or any damages resulting from such use.For electrical appliances, the warranty does not cover damage caused by the effects of surges in the electricity grid. The guarantee does not cover mechanical damage, damage due to use in conditions that do not meet the conditions specified by the Seller or manufacturer defects caused by improper installation or failure to care for the goods, or excessive loading, which is contrary to the recommendations of the retailer or manufacturer. The warranty does not apply to damages resulting from unauthorized modification, and damage caused by natural elements or force majeure.

13. Complaints Handling

Something went wrong? Always try to contact us via our e-mail address (info@sparkshop.cz). We will try to solve your problem as soon as possible.

 

14. Protection of Personal Data

The Seller declares that all personal information transmitted to him by the Buyer will only be used to realize the fulfilment of the order with the Buyer.In no case will it be published or provided to third parties.Exception may be situations related to the distribution or payment in respect of the goods ordered.Customer information is stored in compliance with applicable laws of the Czech Republic, especially the Law on Personal Data Protection no. 101/2000 Coll.subsequent amendments and regulations. The Buyer accepts the conclusion of the collection and processing of personal data in the database of the Seller after successful completion of the contract and until a written statement disagreeing with the processing.The Buyer has the right to access his personal data, the right to correct them, including other legal rights to these data.Personal data may be, based on the customer's written request, deleted from our database. The personal data of our customers are fully protected against misuse. Personal customer data are not supplied supplier to other parties.Exceptions are the carriers, to whom the customers’ personal data are transmitted to the minimum extent that is necessary for the delivery of the goods.Individual contracts, following their closure are archived via an operator in an electronic form and are only accessible by the operator of the store.

The Buyer agrees that the e-mail address provided by him may be used for sending commercial messages from the Seller.The Buyer, however, has the right to refuse the sending of these messages at any time.

Access to personal data

The Buyer who made a registration on the Seller’s website has the option to edit his registration and change all personal data given by him at any time. He also has the option to choose whether or not he wishes to receive commercial communications from the operator to his e-mail address.These settings are possible in the customer profile.

15. Payment Terms

There are several payment methods to pay for goods for the online store:

• PayPal service only, via your paypal account you can pay everything. It is the only option right now to buy something from foreign country.

 

16. Final Provisions

These terms and conditions apply as stated on the website of the Seller, on the day of closing of the purchase contract. The purchase order of the consumer is, after its confirmation, archived as a Contract between Buyer and Seller for the purpose of its fulfilment and other evidence and its state is accessible to the Buyer. The contract can be concluded in Czech or in other languages, if this does not result in the impossibility of its conclusion. By the purchase, the customer agrees to receive commercial communications.

These conditions allow consumers to archive and reproduce them. At the moment of conclusion of the purchase contract, the Buyer accepts all provisions of the conditions in force at the date of dispatch of orders, including the price of ordered goods specified in the order confirmation, unless in a particular case clearly states otherwise.

These BusinessConditions become effective on November 1, 2020

CONTACT INFORMATIONS:

SMILE MUSIC s.r.o.

Vršovická 16

101 00 Praha 10

 

IČO: 24212709

DIČ: CZ 24212709

zapsáno v OR MS v Praze, odd. C, vl. 189157

 

Tel/Fax: +420 267 310 085

E-mail: info@sparkshop.cz

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