I. Introduction 

The following General Business Terms and Conditions (“General Business Terms and Conditions”) regulate the relationships of parties to a purchase/licence agreement entered into by and between Dalibor Mráz

IČ: 02017776

DIČ: CZ9203206012

Trojanovice 142

Fyzická osoba podnikající dle živnostenského zákona

kontaktní údaje:

email   [email protected]

phone +420 728 655 744

www www.dalimraz.com

(Dali Mraz”), and the purchaser (“Purchaser”).

Purchaser is a consumer or an entrepreneur.

Consumer is a private individual acting in a private capacity, entering into an agreement or otherwise dealing with Dali Mraz.

Entrepreneur is an individual licensed to get engaged in business on one’s own account and responsibility with an intention to generate profit on a continuous basis. For the purposes of consumer protection, an entrepreneur is (including but not limited to) an individual entering into contracts/agreements relating to the entrepreneur’s business, manufacturing or similar activities or employment; or an individual acting on behalf or on account of an entrepreneur in question. For the purposes hereof, an entrepreneur is an individual acting in compliance with the preceding sentence as part of one’s own business. If completing the registration number in the order, the entrepreneur acknowledge having been bound by the rules stipulated in the General Business Terms and Conditions for Entrepreneurs.

By placing the order, the Purchaser acknowledges having been familiarised with these General Business Terms and Conditions prior to entering into the agreement, namely with the representations and warranties given in Part II hereof, as well as with the Claims Code and Delivery Information constituting an integral part hereof, and explicitly agrees to the same in the wording valid and effective as at the moment of placing the order.

The Purchaser acknowledges that the registered trademarks, trade names, company logos, etc. of Dali Mraz or Dali Mraz’s contractual partners cannot be used by the Purchaser by virtue of having purchased the products offered by Dali Mraz, unless a specific agreement individually provides otherwise.

When accepting the goods and/or services, the Purchaser is issued an invoice including the basic details of the agreement. The Purchaser will obtain a General Trade Conditions (GTC) copy as an attachment of the order confirmation to the specified e-mail address. An invoice containing essential contract information, including receipts according to the registration of sales and tax records law will be provided to the customer in the form of a link to the Invoice download. The purchaser hereby agrees. References to the Listed documents are sent to the Purchaser’s e-mail address, which the Purchaser includes in the order, or available upon signing into the Purchaser’s user profile in the My Dali Mraz section under My purchases. If you are interested in obtaining an invoice in paper form, you can use our contact form.

II. Pre-Contractual Representations and Warranties

Dali Mraz represents and warrants that:

    1. The cost of distance communication is subject to no additional fees (Dali Mraz charges no additional fees to the amount charged by the Purchaser’s internet/telephone provider; unlike in case of contractual deliveries).
    2. The Purchaser is required to pay the purchase price before accepting the goods from Dali Mraz or make an advance or similar payment for specific services if the same are offered by Dali Mraz and requested by the Purchaser.
    3. Dali Mraz enters into no ongoing contracts. If such contracts are facilitated by Dali Mraz, the Purchaser is informed about the shortest binding term of such contract by the provider in question, along with the price (or method of its determination) charged in one billing period (being at all times one month if such price is constant).
    4. Unless stipulated otherwise, the licence fee stipulated in a licence agreement entered into for an indefinite period is agreed for the entire licence term.
    5. The prices for goods and services displayed on the website operated by Dali Mraz are quoted incl. and excl. VAT, with all statutory fees (if any). Shipping costs, however, vary with reference to the selected shipping method, carrier and payment method.
    6. Purchasers-consumers can and may withdraw from the agreement (unless otherwise stipulated below) within a period of 14 days commencing on the day of:
      • receiving the goods (purchase agreements);
      • receiving the last delivery (agreements for the purchase of several types of goods/delivery of several parts); or
      •  receiving the first delivery (ongoing contracts);
    7. The consumer cannot withdraw from an agreement for the:
      • provision of services performed by Dali Mraz with previous explicit consent of the consumer prior to the expiration of the period of notice;
      • delivery of goods/services offered for the price affected by deviations in the financial market beyond Dali Mraz’s control with a potential to occur during the period of notice;
      • delivery of goods adjusted as per the requirements/for the needs of the consumer;
      • delivery of fast moving consumer goods/goods irreversibly mixed with other goods after delivery;
      • repair or maintenance carried out in a place designated by the consumer as per the consumer’s request (save for other than requested repairs/delivery of other than requested spare parts);
      • delivery of goods in a sealed packaging removed by the consumer whereby such goods cannot be returned for sanitary reasons;
      • delivery of audio records/video records/PC programmes whereby the original packing of such products has been broken;
      • delivery of newspapers, periodicals and magazines;
      • transport or leisure services provided by an entrepreneur within a defined period; and
      • delivery of a digital content (delivered other than on a physical carrier with previous explicit consent of the customer prior to the expiration of the period of notice whereby Dali Mraz underlines that an agreement for the delivery of an on-line content cannot be withdrawn).
    8. The costs incurred in association with returning the goods (withdrawn agreements)/costs of returning the goods other than by ordinary post if the nature of such goods so precludes (withdrawn agreements negotiated away from business premises) are borne by the consumer.
    9. The consumer is required to pay a pro-rata price for services already commenced to be provided under a withdrawn agreement.
    10. The agreements (respective invoices) are saved in the electronic archive accessible by the registered Dali Mraz users directly from their user account.
    11. Any complaints can be made by completing the contact form or reported to the supervisory/state supervision authorities.
    12. In case of pre-orders the price of such goods is only estimated.
    13. The final price may vary. Dali Mraz will inform the Purchaser about any  price change. The purchase price of the goods will be determined after the goods will be stored at the warehouse in Dali Mraz. Any difference between the estimated price and the purchase price will be refunded by Dali Mraz or the Purchaser will pay the difference prior to the delivery of the goods unless the Purchaser decides to cancel the pre-order. Dali Mraz reserves the right to change the delivery date for pre-ordered goods.
    14. In the event of a substantial change in the delivery date (i.e 14 days), the Purchaser has the right to withdraw from the pre-order. Should the circumstances, Dali Mraz had considered at the time of the pre-order, change to the extent that Dali Mraz cannot be reasonably required to be bound by the pre-order, Dali Mraz has the right to cancel the pre-order without further notice and subsequently inform the Purchaser.”
    15. For enquiries, our contact email address is [email protected]

The Purchaser acknowledges that the goods to be claimed under the warranty are to be delivered to the Czech Republic by the Purchaser.

III. Agreement

    1. Execution

The Purchaser enters into the agreement by accepting the offer to enter into the agreement as displayed on the website operated by Dali Mraz and in particular by adding the requested product (goods, services, digital content) to the cart or using the “Buy Now” service (registered users only). The Purchaser may as well enter into the agreement with the assistance of Dali Mraz customer service representatives, either by telephone or by email. The Purchaser can change the products added to the cart as well as the selected shipping and payment method, i.e. check the order details, before placing a firm order. When adding the product to the cart, the Purchaser is recommended additional related services selected by Dali Mraz as per their popularity with other customers; the recommended services can be removed from by the Purchaser from the cart before the transaction is completed. The purchase agreement is entered into upon the moment the Purchaser (having selected the shipping and payment method) submits the order and the order in question is received by Dali Mraz whereby Dali Mraz assumes no liability for any mistakes and errors (if any) having occurred during the transfer of data. The Purchaser is informed about the executed agreement in a confirmation email letter sent by Dali Mraz to the email address provided by the Purchaser.

The confirmation email letter is sent along with the Dali Mraz’s General Business Terms and Conditions and Claims Code. Unless stated in the General Business Terms and Conditions otherwise, the executed agreement (incl. agreed price) may be amended or terminated only with the agreement of the parties or in cases stipulated by law.

Orders in excess of CZK 100,000 incl. VAT placed within a single transaction and/or day will be required by the Dali Mraz system to be placed using a registered user account; only user accounts used in the past to place at least one e-shop order completed under a valid agreement not prematurely terminated by the Purchaser will be allowed.

The executed agreement is archived by Dali Mraz for at least five years from the execution day, however, not longer than for the period stipulated by relevant law. Archived for the performance purposes, the agreement is not additionally available to other than involved third parties. Information about the individual technical steps to be taken in order to enter into an agreement is implied by and the process of entering into an agreement is comprehensibly described herein.

    1. Delivery

Under the purchase agreement, Dali Mraz undertakes to deliver the product to the Purchaser, provide the digital content/licence to the Purchaser and enable the Purchaser to acquire the title/licence to the product/digital content purchased under the purchase agreement; the Purchaser undertakes to receive the product/digital content from and pay the purchase price to Dali Mraz.

As Dali Mraz reserves the right of ownership to the product, the Purchaser acquires the title to the product only after the purchase price has been paid in full. The same applies with necessary modifications also to the purchased licences or services.

Dali Mraz delivers the product to the Purchaser along with relevant documents pertaining thereto and enables the Purchaser to acquire the title to the product/licence in compliance with the agreement.

Dali Mraz meets its obligation to deliver the product to the Purchaser by enabling the Purchaser to view and try the product at the place of performance and informing the Purchaser thereabout in due course.

Products to be shipped by Dali Mraz are delivered to the Purchaser (entrepreneur) by submitting the product to the first shipping company and enabling the Purchaser to claim the rights implied by the shipping agreement with the shipping company. Products designated for Purchasers-consumers are delivered by Dali Mraz to the Purchasers-consumers only after Dali Mraz receives the product in question from the shipping company.

If more items are delivered in excess of the amount agreed, the purchase agreement is deemed entered into for the number of items delivered; unless the Purchaser rejects such items without undue delay.

Dali Mraz delivers the purchased product to the Purchaser in the agreed amount, quality and design.

If not agreed otherwise, the product is packed by Dali Mraz by convention; if no convention exists, the product in question is packed as to provide for its protection and preservation. The same applies also to goods to be shipped.

    1. Risk of Damage

The product is faulty if it lacks the agreed characteristics. The product is deemed faulty also if the Purchaser is delivered other than the ordered product or the documents necessary for the use of the product in question contain defects.

The Purchaser can claim improper performance with reference to the defect inherent to the product at the moment the risk of damage passes to the Purchaser although the defect in question becomes evident only later. The Purchaser can claim the rights also with reference to a defect that has become evident later as result of a breach of Dali Mraz’s obligation.

The Purchaser is to examine the product, its characteristics and quantity as soon as feasible after the risk of damage to the product passes to the Purchaser.

The risk of damage passes to the Purchaser upon accepting the product in question; the same applies also to cases where the Purchaser rejects to accept the goods although having been enabled by Dali Mraz to view and try the product.

Damage to the product occurring after the risk of damage has passed to the Purchaser does not affect the Purchaser’s obligation to pay the purchase price unless the damage occurred as result of a breach of Dali Mraz’s obligation.

If one party is delayed in accepting the product, the other party may and can reasonably sell the product at the expense of the delayed party and do so following a prior notice and providing the delayed party with an additional reasonable period to accept the product. The same applies also to delays on payment where the product cannot be accepted unless the purchase price is paid.

    1. Liability

Dali Mraz guarantees to the Purchaser that the product is free from defects when received by the Purchaser. In particular, Dali Mraz guarantees to the Purchaser that, at the moment the product is received by the Purchaser:

    1. The product has the characteristics agreed by the parties or (if no agreement is reached), the characteristics described by Dali Mraz or the manufacturer or expected by the Purchaser with reference to the nature of the goods and related advertisement.
    2. The product can be used for the purposes stated by Dali Mraz or for the purposes for which the product of that kind is usually used.
    3. The product is provided in the corresponding quantity, measurement or weight.
    4. The product complies with the requirements stipulated by law.

If the product is found faulty within six months after having been received by the Purchaser, the product is deemed to have been faulty already when received by the Purchaser.

Unless stipulated otherwise, the Purchaser may and can claim faulty consumer goods within 24 month after receipt. This does not apply to:

    1. discount-related defects;
    2. usual wear and tear;
    3. defects caused by ordinary use or wear and tear and evident at the moment of receipt by the Purchaser; or
    4. cases implied by the nature of the case.

The Purchaser may and can claim faulty consumables (cosmetics, drugstore items, etc.) within twenty-four (24) months. If, however, a best before date is indicated on the product, the warranty period is shortened and terminates on the date indicated on the packaging.

The Consumer acknowledges that if any gifts are received with their order, it is not possible to claim faulty gifts within 24 months of their receipt. The Consumer may and can claim faulty gifts only within 14 days of their receipt. The purchaser or enterpreneur cannot claim faulty gifts.

The warranty periods are stipulated in the Claims Code.

The warranty period for purchasers-entrepreneurs may be different; the different warranty period, however, applies only if explicitly stated.

Improper performance cannot be claimed if the Purchaser was aware about the defect before accepting the product or if the defect in question was caused by the Purchaser.

Discounted/used products found faulty can and may be subject to a reasonable discount rather than replacement.

    1. Material Breach

If improper performance constitutes a material breach of the agreement, the Purchaser may and can:

    1. have the defect removed by being delivered a new defect-free product or the missing part if such is not unreasonable with respect to the nature of the defect in question; in case of a component part affected by the defect, the Purchaser can only claim that the component part in question be replaced; if such is not feasible, the Purchaser may withdraw from the agreement; if, however, the above is not reasonable with respect to the nature of the defect in question, especially if the defect can be removed without undue delay, the Purchaser may and can have the defect removed for free;
    2. have the defect removed by repair;
    3. be given a reasonable discount on the purchase price; or
    4. withdraw from the agreement.

When claiming the defect in question, the Purchaser informs Dali Mraz as to which of the aforementioned options the Purchaser has selected and does so either immediately or without undue delay thereafter whereby the selected option can be then changed only if so approved by Dali Mraz; with the exception of a defect requested by the Purchaser to be repaired and subsequently being identified as irreparable. If the defects are not removed by Dali Mraz within a reasonable period or if the Purchaser is informed by Dali Mraz that the defects in question will not be removed, the Purchaser may and can claim a reasonable discount on the purchase price instead of withdrawing from the agreement or withdraw from the agreement.

If the Purchaser fails to select one of the options mentioned above, the rights implied by immaterial breach apply – see below.

In addition to cases where Dali Mraz cannot deliver a new defect-free product, replace the component part or repair the product, Purchasers-consumers may and can claim a reasonable discount also in cases where Dali Mraz fails to remedy the situation within a reasonable period or where the remedy would cause significant inconvenience to the Purchaser.

    1. Immaterial Breach

If improper performance constitutes other than material breach, the Purchaser may and can have the defect removed or be given a reasonable discount on the purchase price.

Unless the Purchaser claims the discount on the purchase price or withdraws from the agreement, Dali Mraz may deliver the missing parts or remove the legal defect. Other defects can be removed at Dali Mraz’s discretion either by repair or delivery of a new product.

If Dali Mraz fails to remove the defect in due course or refuses to remove the defect, the Purchaser may claim a reasonable discount on the purchase price or withdraw from the agreement whereby the selected option can then be changed only if so approved by Dali Mraz.

    1. General Breach

The Purchaser may claim to have the defect removed by being delivered a new thing or a replaced component part also in cases where the defect can be removed but the product cannot be used because of a repeated occurrence of the defect after repair or a larger number of defects. In such cases, the Purchaser may and can withdraw from the agreement.

If being delivered a new product, the Purchaser returns the original product back to Dali Mraz (along with all accessories delivered together with the product itself) and does so at Dali Mraz’s cost.

Purchasers failing to report the defect without undue delay after the defect could have been identified by the Purchaser had the product been examined in due course and with sufficient care will not be adjudicated by court the rights under improper performance. The same applies also to a hidden defect not reported without undue delay after the defect could have been identified by the Purchaser had the product been examined with sufficient care, however, not later than within two years after the product has been delivered to the Purchaser.

    1. Quality Warranty

In providing the quality warranty, Dali Mraz undertakes that the product in question will be fit for the ordinary purpose or will preserve the ordinary characteristics. The same applies also to the warranty period or best before date indicated on the packaging or advertised. The warranty may as well be arranged with reference to individual component parts of a product.

The warranty period commences on the day the product is delivered to the Purchaser. If the product is to be shipped to the Purchaser as agreed in the agreement, the warranty period commences only on the day the product is shipped to the designated place. If the purchased product is to be put into operation by a party other than Dali Mraz, the warranty period commences only on the day the product is put into operation, provided that the respective service of putting the product into operation is ordered by the Purchaser no later than within three weeks after the product is received and that necessary assistance and co-operation of the Purchaser to render this service are provided.

The Purchaser cannot claim warranty with reference to a defect caused by outer circumstances after the risk of damage has passed to the Purchaser.

    1. Digital Content

In using the digital content (including software, PC, gaming console, etc.) purchased from Dali Mraz, the Purchaser is to comply with the obligations stipulated herein, copyright law and product licence (e.g. EULA). Purchasers failing to comply therewith are liable to damages and may face criminal consequences.

Purchasers of the digital content (being private individuals only) may and can use the digital content exclusively for their personal use and for the purposes other than economic or business benefit, whether direct or indirect, unless the licence states otherwise. The Purchasers further cannot copy or otherwise reproduce, make copies of or extracts from and otherwise handle the purchased digital content contrary to copyright law, other legal regulations or product licence. Access to the digital content may be denied and/or the licence deactivated if the digital content has been obtained illegally.

This same applies also to the digital content given by Dali Mraz to the Purchaser free of charge.

IV. Withdrawal

    1. Consumer

Consumers may and can withdraw from the agreement within a period of 14 days. The period stated in the first sentence commences on the day the agreement is executed, this being the day of:

    1. receiving the goods (purchase agreements);
    2. receiving the last delivery (agreements for the purchase of several types of goods/delivery of several parts); or
    3. receiving the first delivery (ongoing contracts).

In the event the buyer opts to withdraw from the contract, and if the device contains personal data, Dali Mraz recommends the buyer backs-up the data and then deletes it from the device.

Consumers may withdraw from the agreement by completing and submitting the form; once submitted, the completed form is confirmed as received by Dali Mraz in writing without undue delay.

Consumers may withdraw from the agreement also by sending a notice of withdrawal to:

Dali Mraz.com – Reklamace,

QQ studio Ostrava,

Nam. Msgre. Šrámka 4. Ostrava 702 00, CZ

[email protected]

If withdrawing from the agreement, the consumer is to return to Dali Mraz the goods delivered by Dali Mraz and do so at consumer’s cost without undue delay, however, no later than within 14 days after withdrawing from the agreement.

The goods are to be returned complete, i.e. along with the delivered accessories and complete documentation, undamaged, clean, in the original packaging (if possible) and in the condition and value in which the goods have been received by the Purchaser. Any fuel tanks returned as part of the returned goods must be returned empty.

Agreements for the purchase of consumables (cosmetics, drugstore items, etc.) may be withdrawn only if the consumables in question are returned by the Purchaser undamaged, unused and in the original packaging.

Consumers deciding to withdraw from the agreement in the given period are recommended by Dali Mraz to send the goods to Dali Mraz’s address along with a cover letter incl. the reason for withdrawal (not necessary), reference number of the proof of purchase and number of bank account so that the case can be addressed without delay.

Consumers are liable to Dali Mraz for any decrease in value of the goods caused by handling the goods other than as required by the nature and characteristics of the goods.

Consumers withdrawing from the agreement are refunded the entire amount paid under the agreement whereby this amount is refunded by Dali Mraz without undue delay, however, no later than within 14 days following the withdrawal, and with the use of the same method of payment as agreed in the agreement.

Consumers withdrawing from the agreement may as well be refunded the entire amount paid only after the goods are returned to Dali Mraz or after the consumers prove that the goods have been sent to Dali Mraz.

Consumers acknowledge that if the goods are delivered along with any gifts, Dali Mraz and the Purchaser enter into a contract of donation on the condition that such contract of donation terminates as soon as the consumer enjoys its right and withdraws from the purchase agreement within a period of 14 days whereby the consumer must return the goods in question along with the gifts and everything obtained in relation thereto; if not returned, the same will be considered unjust enrichment. If the profits acquired by unjust enrichment cannot be returned, Dali Mraz may and can claim monetary compensation in the amount of ordinary price.

V. Personal Data Protection and Security

Dali Mraz represents and warrants that all personal data are confidential and such will be used only for the performance of the agreement entered into with the Purchaser and for Dali Mraz’s marketing purposes (incl. marketing activities performed together with Dali Mraz’s contractual partners). The personal data will not be published or disclosed to third parties, with the exception of cases where such disclosure is necessary for the distribution of and payment for the ordered goods (name, account number, shipping address) or for special marketing purposes. In handling the personal data, the Purchaser proceeds without detriment to the rights of the entity disclosing the personal data, namely the right to human dignity, and cares for the protection of the private and personal life of the same from unauthorised intervention. The personal data disclosed willingly by the Purchaser for the purposes of placing the order and marketing are collected, processed and stored in compliance with law. The Purchaser permits Dali Mraz to collect and process the disclosed personal data for the performance of the purchase agreement in question and for Dali Mraz’s marketing purposes (telemarketing, text messages and marketing information distributed directly by Dali Mraz; the consent is granted until revoked in writing by sending the notice of revocation to Dali Mraz.com. IČ: 02017776, DIČ: CZ9203206012

The terms and conditions for personal data protection are available and the personal data subject to the Purchaser’s consent are described here.

Customers making a claim with Dali Mraz are required to provide their full name, address, telephone number and signature (digital signature) whereby such disclosed personal data are processed exclusively for the purposes of handling the claim and in compliance with law.

Purchasers may and can access and edit their personal data, request explanation and removal of mistakes as well as exercise other rights pertaining thereto.

In obtaining the consent to personal data processing, Dali Mraz may use cookies in compliance with Directive 95/46/EC (aka Cookie Directive) in order to make the provision of information services easier whereby Dali Mraz makes sure that the users are aware of the data and information stored in their end devices. The terms and conditions for the use of cookies are available here. The users may prevent the cookies from being stored in their end devices, for instance, by running the anonymous browsing function.

In order to prevent criminality and minimise the damage, Dali Mraz reserves the right to reject an order placed by the Purchaser from a blocked IP address listed on a blacklist. Purchasers encountering problems with placing their order may contact Dali Mraz by completing and submitting the contact form or contacting the call centre.

Dali Mraz reserves the right to collect data as to the users’ website activities and use the same in anonymised form to enhance its services.

VI. Business Hours

Orders placed in the Dali Mraz e-shop are accepted 24 hours a day, seven days a week.

In the event of an information systems failure or force majeure, Dali Mraz assumes no liability for non-observance of the stipulated business hours.

VII. Prices

The prices are contract prices. Prices quoted online in the e-shop are always up to date and valid. Prices quoted for individual products are final, that is, incl. VAT and other taxes and fees (if any) payable by the consumer for a product in question (excl. shipping fees, collection fees and cost of distance communication shown in the shopping cart in the amount depending on the option selected by the Purchaser).

Special promotion prices are valid either until stocks are exhausted (with displayed information as to the number of items in question offered for the special promotion price) or for a limited period.

The “original price” refers to the price for which the goods/services/licences in question were originally offered in Dali Mraz’s e-shop or the manufacturer’s suggested retail price, excluding any bonuses, promotions, special offers or other discounts; the latter being at all times displayed alongside the selling price, which better reflects the product’s market price level.

The Purchaser acknowledges that Dali Mraz and the Purchaser need necessarily not enter into the agreement, especially if the goods are ordered by the Purchaser for a price mistakenly quoted on the website due to the internal Dali Mraz system error of which the Purchaser is informed by Dali Mraz.

Dali Mraz reserves the right to declare the purchase agreement void in case of misused personal data, misused payment card, etc. or with reference to the intervention of an administrative or court authority of which the Purchaser is informed by Dali Mraz. The Purchaser acknowledges that the purchase price cannot be entered into as valid in the aforementioned cases.

VIII. Orders

The price is stated on the order and in the text message confirming that the order has been placed. Orders can be placed as follows:

    1. in the e-shop operated by Dali Mraz (e-shop); or
    2. by email sent to [email protected]

Information about the exact shipping time is included in the email letter sent to the Purchaser. The shipping period and fees depend on the option selected by the Purchaser in the second step of placing the order.

IX. Payments

Dali Mraz accepts the following for methods of payment

    1. wire transfer;
    2. online card payment (MasterCard/Visa) with the card details entered by the Purchaser being remembered by the respective bank and used for future payments (this option can be cancelled by the Purchaser in the section “My Dali Mraz” / subsection “personal information”);
    3. Sofort payments;

Unless paid in full and received, the goods remain the property of Dali Mraz. The risk of damage passes to the Purchaser upon receipt.

Once the order is placed, the billing details of the Purchaser cannot be edited.

Dali Mraz reserves the right to offer only some methods of payment to the Purchaser and do so at its own discretion.

Under the Sales Registration Act, Dali Mraz is required to provide the customer with a receipt and register the sale with the tax office online; in the case of technical difficulties, this may be done within 48 hours after the sale has been completed.

X. Delivery

    1. Options

Dali Mraz delivers the goods either in co-operation with a shipping company or electronically (digital content).

In case of force majeure or IT system disruption, Dali Mraz assumes no liability for late delivery of goods.

Information about the offered options, up-to-date terms and conditions and prices is available at www.dalimraz.com.

Delivery of goods is limited by public holidays in the place of delivery and the Czech Republic.

  1. Other

To prevent damage/legitimisation of proceeds of crime (if any), Dali Mraz or Dali Mraz’s contractual partners may and can request that the goods paid in advance be collected against a valid identity document (ID card, passport). Unless the said document is presented, the goods in question may and can be refused by Dali Mraz or Dali Mraz’s contractual partners to be collected.

Goods purchased with a 0% VAT rate by Purchasers-legal entities being VAT payers at the moment of purchase will be delivered only to the governing body of the legal entity in question or to the person authorised in the submitted authenticated power of attorney. Goods purchased with a 0% VAT rate by Purchasers-freelancers being VAT payers at the moment of purchase will be delivered to the Purchaser-freelancer in question only against a valid ID document (ID card or passport).

Goods purchased by Purchasers being VAT payers at the moment of purchase and invoiced with a 0% VAT rate will be obligatorily delivered to the central office or business premises registered in the Commercial Register, Register of Trade or a similar register.

When receiving the goods from the shipping company, the Purchaser – along with the shipping company representative – is to properly and thoroughly inspect the delivery (namely the number of packages, undamaged sealing tape bearing the company logo and undamaged packaging) as per the enclosed delivery note. The Purchaser may refuse to accept the delivery shipped contrary to the purchase agreement, for instance with reference to incomplete or damaged delivery. If accepting the damaged delivery from the shipping company, the Purchaser is to describe the damage in the delivery note of the shipping company.

Incomplete or damaged deliveries must be immediately reported by email to [email protected] and the damage be described in the report on damage executed with the shipping company representatives and sent to Dali Mraz by fax, email or post without undue delay. Any subsequent claims of incomplete delivery or damaged packaging do not limit the Purchaser’s right to claim the warranty; yet, they enable Dali Mraz to prove that the same do not represent a conflict with the purchase agreement.

  1. Competitions and Giveaways

Items given away in competitions organised by Dali Mraz must be collected within 30 calendar days after the competition results have been published by Dali Mraz. Items not collected within the said time limit will be forfeited for the benefit of the organiser.

IX. Warranty

The warranty terms and conditions are governed by the Dali Mraz Claims Code and relevant law. In general, the warranty certificate is replaced by the proof of purchase (cf Claims Code).

XII. Miscellaneous

The United Nations Convention on Contracts for the International Sale of Goods does not apply.

Any disputes arising between Dali Mraz and the Purchaser may be settled out of court through the Alternative Dispute Resolution or Online Dispute Resolution (ADR/ODR) procedure; with the Purchaser’s option to contact the ODR entity. Dali Mraz, however, recommends the Purchaser to first contact Dali Mraz to address the situation.

The agreement is entered into in the English language. If the agreement is required to be translated for the Purchaser into another language, the English version prevails in case of discrepancies between the two language versions.

These General Business Terms and Conditions and parts hereto come into force and effect on 18 July 2019

    1. provision of services performed by Dali Mraz with previous explicit consent of the consumer prior to the expiration of the period of notice;
    2. delivery of goods/services offered for the price affected by deviations in the financial market beyond Dali Mraz’s control with a potential to occur during the period of notice;
    3. delivery of goods adjusted as per the requirements/for the needs of the consumer;
    4. delivery of fast moving consumer goods/goods irreversibly mixed with other goods after delivery;
    5. repair or maintenance carried out in a place designated by the consumer as per the consumer’s request (save for other than requested repairs/delivery of other than requested spare parts);
    6. delivery of goods in a sealed packaging removed by the consumer whereby such goods cannot be returned for sanitary reasons;
    7. delivery of audio records/video records/PC programmes whereby the original packing of such products has been broken;
    8. delivery of newspapers, periodicals and magazines;
    9. transport or leisure services provided by an entrepreneur within a defined period; and
    10. delivery of a digital content (delivered other than on a physical carrier with previous explicit consent of the customer prior to the expiration of the period of notice whereby Dali Mraz underlines that an agreement for the delivery of an on-line content cannot be withdrawn).

XIII. Subscription Terms

Subscription Terms

Your subscription begins as soon as your initial payment is processed. Your subscription will automatically renew each month without notice until you cancel. You authorize us to store your payment method(s) and to automatically charge your payment method(s) every month until you cancel. We will automatically charge you the then-current rate for your plan, plus applicable taxes (such as VAT or GST if the rate does not include it), every month upon renewal until you cancel.

The monthly subscription amount is fixed.  If we plan to change the subscription price, we will notify you of any rate change with the option to cancel. If the applicable VAT or GST rate (or other included tax or duty) changes during your one-month term, we will accordingly adjust the tax-inclusive price for your plan on your next billing date.

If your primary payment method fails, you authorize us to charge any other payment method in your account. If you have not provided us a backup payment method(s) and you fail to provide payment, or if all payment methods in your account fail, we may suspend your subscription. You can edit your payment information anytime in your DrumTrainer Account page.

For European Economic Area customers, your bank may require you to authenticate your initial purchase using a password, a one-time code sent to your mobile number, or biometric recognition. When you authenticate, you also authorize us to charge your payment method for your additional purchases without providing us further payment information or other instructions (i.e., we will initiate future payments independently). Such additional purchases may occur when we automatically charge your payment method in connection with a recurring subscription or when you add or change licenses or products.

We would also like to inform you that your credit card information is handled by GoPay according to the international security standard PCI-DSS Level 1 (the highest level of data security in the payment card processing sector).

Cancellation Terms

You can cancel your subscription anytime via your DrumTrainer Account page or by contacting  Costumers support*. If you cancel within 3 days of your initial order and if you will not use any credits  in DrumTrainer system, you’ll be fully refunded. Should you cancel after 3 days or if you will use your credits to buy videos or audio material, your payment is non-refundable, and your service will continue until the end of that month’s billing period.

*Costumers support – [email protected]
month subscription

Bronz 1 – 19 euro (include tax) 100 credits
Silver 2 – 26 euro (include tax) 150 credits
Gold  – 33 euro (include tax) 200 credits
Tracker – 7 euro (include tax) 0 credits – just tracker

Subscription include
– account charge relevant credits, that you can use as you want.
– a functional tracker where the user can track his progress and collect the hours

XIV.
DrumTrainer site content

Users of the DrumTrainer system are prohibited from downloading videos from the system and handling them outside the DrumTrainer system in any way. The videos are the property of Dalibor Mráz and the user receives only access within the system. By violating these terms, the owner of the DrumTrainer system can claim financial compensation and close or deactivate the account. Music content that the user downloads from the system may be used for private purposes outside the DrumTrainer system. However, it is prohibited to distribute or dispose of musical content unlawfully.

All site content is copyrighted.

The content in the VIDEOS section is monitored by the security system.

XV.
Personal consultation

Students of face-to-face consultations will be given access to the system for a definite period of time by oral or written agreement. As part of the price of consultations, they are running a tracker free of charge. Users who do not pay a monthly subscription (see paragraph X.) are not entitled to rewards for hours of training in the tracker.

XVI.
Health risks

DrumTrainer is not responsible for any medical complications caused by the user’s exercise. It is important to approach the exercise on your own responsibility. In case of any problem, the user should seek medical attention to avoid potential complications.