cookies
You will find our "cookies" delicious
The purpose of the cookies of the Muziker website is to make your visit to us a pleasant experience at all times. Consent to the use of all cookies by clicking the "I agree" button, or in the settings select only the ones you like. More information.

General terms and conditions

General terms and conditions

I. Terms and conditions applicable to buyers - consumers

1. GENERAL PROVISIONS

1.1. The first part of these GTCs (for the purposes of the first 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 - consumer, 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:

e-mail address: support@muziker.com
phone number: +421 2 581 017 55
VAT ID: SK7020001021
Tax ID: 2021680991
address: MUZIKER, a.s.
Drieňová 1/H
821 01 Bratislava
Slovak Republic

Supervisory authority:

The Inspectorate of the Slovak Trade Inspection for the region of Bratislava
Bajkalská 21/A, P. O. BOX č. 5, 820 07 Bratislava, Slovakia
Department of Market Surveillance
ba@soi.sk
phone: 02/58 27 21 72, 02/58 27 21 04
fax: 02/58 27 21 70
www.soi.sk

1.2. Pursuant to the first part of the Terms and Conditions, the term buyer means a consumer, who is a natural person who is not acting within the scope of his / her business, employment or occupation (hereinafter referred to as the "buyer") (the seller and the buyer also separately referred to as the "contracting party" or collectively as the "contracting parties").

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 goods 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 goods, he is unable to deliver the goods 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,
  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 is to 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 shall 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. 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), all additional costs incurred in this way shall be borne by the buyer, including any warehousing.

5.4. The buyer is entitled 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 parcel delivery service, 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. Claims of this type filed at a later date will need to be proven.

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 shall be cancelled, the parties shall return or reimburse everything they have 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 the goods 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 a parcel delivery service. 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 CONSUMERS

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 Consumers is applicable to the handling of complaints of consumers (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. Enclosing the claim form to the claimed goods and delivering it 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. Delivering the claim form and shipping the claimed goods 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 shall 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.

7.7. 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 be liable for any diminished value of the goods from the time of receiving them.

7.8. At the seller's premises and at the authorized person, the seller shall secure the presence of the person eligible to handle complaints during opening hours.

7.9. 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.

7.10. 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.

7.11. 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.

7.12. 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.

7.13. The seller or an authorized person shall issue the buyer a confirmation of the claim in the appropriate form selected by the seller (including an e-mail), which shall contain the date of filing the claim, the contact details of the seller and the buyer, the description of the product defects, the method of settling the claim that the customer prefers and an instruction on customer rights arising from § 622 and § 623 of the Civil Code (hereinafter referred to as the "confirmation of the claim").

7.14. If the claim is filed using means of long-distance communication, the seller is obliged to provide the buyer with a confirmation of the claim immediately. If is not possible to deliver the confirmation immediately, it must be delivered without undue delay, but no later than together with the claim settlement document. It is not necessary to deliver the confirmation of filing the claim if the buyer can prove submitting the claim in another way.

7.15. In accordance with the buyer´s decision, which of his/her rights arising from § 622 and § 623 of the Civil Code he / she shall exercise, the seller or an authorized person is obliged to determine the method of settling the claim in line with this Warranty Policy immediately, in more complex cases within 3 days of the date of the commencement of the claim settlement process, and in justified cases, in particular in case a complex technical assessment of the condition of the goods is required, no later than 30 days following the date of commencement of the claim settlement process. Once the method of settling the claim has been determined, the seller or the authorized person shall handle the complaint immediately; in justified cases, the complaint can be resolved at a later stage. However, the settlement of the claim must not take longer than 30 days from the date of commencement of the claim settlement process. Once the period for claim settlement has expired, the consumer has the right to withdraw from the contract or has the right to have the claimed goods replaced by new goods. The seller notifies the buyer about the termination of the claim settlement process and about the result of the claim settlement using the manner agreed by both parties. Concurrently, the buyer shall receive a claim protocol along with the goods. In the event that the buyer has filed a claim for the goods within the first 12 months of the date of the receipt of the goods, the seller can handle the claim by rejection solely on the basis of an expert opinion or a statement issued by an authorized, notified or accredited entity or an authorised individual (hereinafter "expert assessment of goods"). Regardless of the outcome of the professional assessment, the seller shall not require the buyer to finance the costs of the expert assessment of the goods or other costs related to the expert assessment of the goods. In the event that the buyer has filed a claim for the goods after 12 months from the date of the receipt of the goods and the seller has rejected it, the person handling the complaint is obliged to indicate in the claim settlement document who may be approached by the buyer for expert assessment of the goods. In the event that the buyer entrusts the authorized person specified in the claim settlement document to the goods to an expert assessment of the goods, the costs of the expert assessment of the goods as well as all other related purposefully incurred costs shall be borne by the seller, regardless of the result of the expert assessment. If the buyer proves by expert assessment the seller responsible for the claimed defect of the goods, he can file a claim again; the warranty period does not expire and is automatically extended by the time required for the professional assessment of the goods. The seller is obliged to reimburse the buyer within 14 days of the date of the re-submitted claim all costs incurred for the expert assessment of the goods, as well as all related purposefully incurred costs. Such a re-submitted claim cannot be rejected.

7.16. The seller can always exchange the defective item for a defect-free item, unless this causes major issues to the buyer.

7.17. The entitlement to a cost-free warranty repair terminates:

  1. if the buyer does not prove having purchased the defective goods from the seller,
  2. if the buyer fails to report defects obvious at the time of receipt of the goods,
  3. upon expiry of the warranty period of the goods,
  4. in case of mechanical damage to the goods caused by the buyer,
  5. modification of the goods by the buyer (bending, cutting, shortening, drilling, etc.), if the goods are not intended for such modification and if the defect has arisen as a result of such modification,
  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. in case of using incorrect, incompatible or non-original consumables, if the defect was caused by the use of such material,
  12. in case the damage to the goods has been caused by natural wear and tear, accidental damage or deterioration,
  13. in case the damage to the goods has been caused by a computer virus,
  14. in case of tampering with the goods by an unauthorized person or using the wrong tools or material,
  15. in case of inexpert intervention, transport damage, damage by water, fire, electricity or due to force majeure.
  16. by not performing an update of the digital content in a reasonable time, if the defect arose due to the failure to perform this update. This does not apply if the buyer was not notified of the update or of the consequences of not performing it, or if he did not perform the update or performed it incorrectly due to a deficiency in the instructions.

7.18. 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.

7.19. The seller is obliged to 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 30 days of the date of its commencement.

7.20. 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 fee for storing the goods in the amount specified in this paragraph (hereinafter referred to as the "storage fee"), which gets charged for each started day from the deadline for taking over the goods until their handover. The amount of the storage fee shall be determined according to the weight and the sum of the dimensions of the goods calculated by adding up the length of its edges (sum of dimensions = height + width + depth), namely:

  1. 1 € (in words: one euro) for the storage of goods the weight of which does not exceed 10 kg and the sum of the dimensions does not exceed 120 cm;
  2. € 2 (in words: two euros) for the storage of goods which exceed at least one of the values referred to in the previous point and which do not exceed 40 kg and at the same time the sum of the dimensions does not exceed 300 cm;
  3. 4 € (in words: four euros) for the storage of other goods.

7.21. The warranty period is 24 months (hereinafter referred to as the "warranty period"), provided that no other warranty period is specified for specific cases. The warranty period shall commence on the date of receipt of the goods by the buyer. In the event that shelf life is indicated on the goods, their packaging or instructions in accordance with the legal regulations, the warranty period shall not end before the expiration of this period. 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.

7.21A. If the subject of the purchase contract is an item with digital properties, the seller shall ensure that the buyer is provided with the agreed updates of the digital content or digital content services. In addition to the agreed updates, the seller shall ensure that the buyer will be provided with updates that are necessary for the item to retain its properties and that the buyer will be notified of their availability

  1. during a period of 24 months, if according to the purchase contract the digital content or digital content service is to be provided continuously for a period of 24 months, or if provision is agreed for a longer period, then during this entire period, or
  2. for the period during which the buyer can reasonably expect it, if the digital content or digital content service is to be provided on a one-time basis according to the purchase contract; this must be assessed considering the type and purpose of the thing, the nature of the digital content or the digital content service as well as the circumstances of concluding the purchase contract and the nature of the obligation.

7.21B. Clause 7.21A. of these GTCs does not apply if the seller explicitly informed the buyer before concluding the contract that updates would not be provided and the buyer expressly agreed to this when concluding the contract.

7.21C. If the digital content or digital content service is to be provided continuously for a specified period of time and if a defect occurs during this period, the digital content or digital content service is deemed to have been provided incorrectly. The provisions of this Warranty Policy also apply to goods with digital properties, as far as their nature allows.

7.22. 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").

7.23. The warranty period for all used goods is 24 months, unless a different, even shorter warranty period is specified for a specific product in the e-shop.

7.24. 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 warranty.

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

7.26. 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.

7.27. If the defect of the goods is repairable, the claim will be settled depending on the decision of the buyer either by repairing the defect or by replacing the goods.

7.28. Should it be impossible to have the defect removed by repair and should the defect prevent the proper use of the item as goods without defects, 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 (more than twice) or due to a larger number of defects (more than two).

7.29. In the event of other irreparable defects, the buyer is entitled to an appropriate reduction in the price of the item, the amount of which will be determined by agreement of the contracting parties.

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

7.31. 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. The buyer is not obliged to accept such a proposal.

7.32. 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. PERSONAL DATA AND THEIR PROTECTION

The seller has taken appropriate measures for processing personal data in accordance with Act no. 18/2018 Coll. on the protection of personal data and the amendments of certain laws and pursuant to Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (hereinafter referred to as the "GDPR"). The buyer confirms that he / she is familiar with the processing of his personal data in accordance with the rules, which can be found at the following link: https://www.osobnyudaj.sk/informovanie/35840773/en/basic-information.

9. STATUTORY RIGHT OF WITHDRAWAL

9.1. 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.

9.2. 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).

9.3. The buyer is entitled to withdraw from the contract the subject of which is the sale of goods without giving any reason for doing so within 14 days of the date on which the goods were received. Handover shall be deemed to have taken place at the moment when the buyer or a third party appointed by him / her, excluding the forwarder, takes over all parts of the ordered goods, or if

  1. the goods ordered by the consumer in an order are delivered separately, at the moment of receipt of the last delivered goods,
  2. the delivered goods consist of several parts or pieces, at the moment of taking over the last part or the last piece,
  3. the goods are delivered repeatedly during a defined period, at the moment of taking over the first delivered item.

9.4. The buyer is entitled to withdraw from the contract, the subject of which is the delivery of goods, even before the beginning of the withdrawal period.

9.5. The buyer is entitled to withdraw from the contract for the provision of electronic content not delivered on a tangible medium within 14 days of the date of conclusion of this contract, except in cases under para. 9.16. point l).

9.6. The buyer may exercise his right to withdraw from the contract in paper form or in the form of a record on another durable medium or by means of the withdrawal form sent to the address:
Muziker (Return)
P3 2, 1102 Lozorno
900 55 Lozorno
Slovakia

9.7. The withdrawal form is attached as Annex No. 2 to these GTCs and the buyer can also fill it in and submit electronically using this link: https://www.muziker.com/statutory-right-of-withdrawal.

9.8. The buyer is entitled to withdraw from the contract, the subject of which is the delivery of goods, even before the beginning of the withdrawal period. The withdrawal deadline shall be deemed to be met if the notice of withdrawal has been submitted to the seller no later than on the last day of the withdrawal period. The burden of proof of exercising the right of withdrawal shall be borne by the buyer.

9.9. The seller is obliged without undue delay, no later than 14 days from the date of receiving the notice of the buyer´s withdrawal from the contract, to reimburse all payments received from the buyer under or related to the contract, including the cost of shipping, delivery and postage and other costs and fees; the seller´s right according to par. 9.11 is not affected. The seller is not obliged to reimburse the consumer for any additional costs incurred if the consumer has explicitly selected a delivery method other than the cheapest standard delivery method offered by the seller. Additional costs are the difference between the delivery costs selected by the consumer and the costs of the cheapest standard delivery method offered by the seller.

9.9A. In the event that the buyer has paid the purchase price using the cash on delivery payment method, i.e. by payment to the carrier when being delivered the goods, the seller will not refund the buyer the fee that the buyer has paid for using this payment method. Cash on delivery is a service that is deemed to be fully provided by the seller, asking the carrier to deliver the goods to the buyer and to collect the payment upon delivery.

9.10. The seller shall use the same payment method the customer used for the original transaction in order to provide the reimbursement, unless the parties agree otherwise (e.g. by transfer to a bank account designated by the buyer) and no additional fees shall be charged to the buyer. If the buyer has paid the purchase price or its part by using the Muziker Gift Card (hereinafter referred to as the "gift voucher"), the seller shall provide the buyer with a new gift voucher in the amount of the redeemed gift voucher. The buyer can redeem this credit for the next purchase from the seller. In the event that the buyer has also selected another method of payment to pay a part of the order, the buyer shall be reimbursed for this part of the payment in accordance with these GTCs.

9.11. Upon withdrawal from the contract, the subject of which is the sale of goods, the seller shall not be obliged to reimburse the buyer before receiving the goods or until the buyer has provided proof that he / she has returned the goods, unless the seller proposes to collect the goods in person or through a person appointed by him.

9.12. In the event that the buyer withdraws from the contract and the goods he delivers 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.

9.13. If the buyer has not returned the goods to the seller together with the withdrawal from the contract and if the parties do not agree on a different way of returning the goods, the buyer is obliged to send the goods along with the accessories, including documentation, back to the seller no later than 14 days from the date of withdrawal from the contract to the following address:
Muziker (Return)
P3 2, 1102 Lozorno
900 55 Lozorno
Slovakia

9.14. If the customer received a gift from the seller for the order, the buyer is obliged to return this gift, as well. If the buyer does not fulfill this obligation, the seller is entitled to request from the buyer the price for the gift displayed in the e-shop at the time of concluding the contract and, if there is no such price, the usual price.

9.15. The buyer bears the cost of returning the goods to the seller or the person authorized by the seller to take over the goods. The cost of returning the goods usually depends on the properties of the goods (dimensions, weight), the distance and the selected method of transport and it roughly corresponds to the costs indicated in the section Shipping Costs and Delivery Times, i.e. the costs normally incurred to deliver the goods to the customer.

9.15A. The buyer may also use the withdrawal form to request the seller to collect the goods by the carrier. In this case, the buyer will bear the cost of returning the goods only up to an amount approximately corresponding to the price of domestic transport in the country in which the goods are collected, taking into account also the type, dimensions and weight of the goods in determining the amount of the cost. This amount will be shown to the buyer on the withdrawal form, and the buyer will agree to the amount of the charge by requesting collection of the goods. The seller is entitled to refuse to collect the goods from a country other than the one to which the goods were delivered. The other provisions of this article are not affected.

9.16. The buyer cannot withdraw from the contract if its subject is:

  1. the provision of a service, if the provision began with the express consent of the buyer and the buyer had declared that he had been duly informed that, by expressing this consent, he would lose the right to withdraw from the contract after the full provision of the service, and if the full provision of the service has taken place,
  2. the sale of goods or the provision of services, the price of which depends on price movements on the financial market, which the seller cannot influence and which may occur during the withdrawal period,
  3. the sale of goods made to the consumer's specific requirements, custom-made goods or goods tailored specifically for a single buyer (e.g. cables and chains sold per meter, helmets with installed communicator according to the buyer's requirement),
  4. the sale of goods which are subject to a rapid reduction in quality and deterioration,
  5. the sale of goods enclosed in sealed packaging which are not suitable to be returned for reasons relating to health protection or hygiene if their seal has been removed after delivery (e.g. in-ear headphones, underwear, mouthguard),
  6. the sale of goods which, due to their nature, may, after delivery, get inseparably mixed with other goods,
  7. the sale of alcoholic beverages, the price of which was agreed at the time of concluding the contract, their delivery being possible after 30 days at the earliest and their price dependant on market price movements which the seller cannot influence,
  8. the performance of urgent repairs or maintenance, which the buyer has explicitly requested from the seller; this does not apply to service contracts and contracts the subject of which is the sale of goods other than spare parts needed to carry out repairs or maintenance, if they were concluded in the course of the seller's visit to the buyer and the buyer had not pre-ordered these services or goods,
  9. the sale of audio recordings, video recordings, audiovisual recordings or computer software sold in sealed packaging, if the seal has been removed after delivery (e.g. CDs, cassettes, records),
  10. the sale of periodicals, with the exception of sales on the basis of subscription contracts and the sale of books not enclosed in sealed packaging (books, sheet music, tablatures),
  11. the provision of accommodation services for purposes other than housing, forwarding, car rental, provision of catering services or provision of services related to leisure activities and according to which the seller commits to providing these services at the agreed time or within the agreed period of time,
  12. the provision of electronic content in the way other than on a tangible medium, if the provision began with the express consent of the buyer and the buyer had declared that he had been duly informed that, by expressing this consent, he would lose the right to withdraw from the contract (e.g. digital / electronic software license).

9.16A. The buyer is entitled to withdraw from the contract, the subject of which is the delivery of a set of at least two interrelated products assembled by the seller and intended to be sold together (hereinafter referred to as "set"). The set shall be deemed to be a single item in relation to the right of withdrawal. This means that if the buyer withdraws from the contract, the subject of which is the delivery of the set, he is obliged to return to the seller the whole set, i.e. all the products that make up the set. The seller shall then refund the buyer the payment for the whole set under the terms and conditions set out in these GTCs. It is not possible to withdraw from the contract only partially, i.e. to return to the seller less than all the products constituting the set and to claim a refund for individual products. This is without prejudice to the buyer's right to return only one of the several products supplied in one order, unless these products are part of a set.

9.17. The seller reserves the right to cancel the order, or its part, if it is not possible for technical reasons to deliver the goods within the required time or for the required price. In this case, the seller shall reimburse any payments which the buyer has already made withing 14 working days. This does not affect the right of the contracting parties to agree on a replacement performance or an amended price.

10. ALTERNATIVE DISPUTE RESOLUTION

10.1. The buyer - consumer is entitled to use an alternative method of dispute resolution by contacting the seller for redress if he is not satisfied with the way the seller has handled his complaint or if he believes that the seller has violated his rights. If the seller rejects such a request or does not respond within 30 days of the date of its submission, the buyer - consumer has the right to initiate alternative dispute resolution of the alternative dispute resolution entity. The subjects of alternative dispute resolution are bodies and authorized legal entities in accordance with § 3 of Act no. 391/2015 Coll. on Alternative Dispute Resolution and on Amendments to Certain Acts (hereinafter referred to as the “ADR Act”), namely the Slovak Trade Inspection Authority or another relevant authorized legal entity registered in the list of ADR entities kept by the Ministry of Economy of the Slovak Republic (the list is available at www.mhsr.sk, the buyer - consumer being entitled to freely choose the subject of alternative resolution of consumer disputes to which he will turn. The buyer - consumer proceeds according to § 12 of the ADR Act when initiating the alternative dispute resoluton. The proposal must include the e-mail contact of the seller: claims@muziker.com. Alternative dispute resolution can only be used to resolve a dispute between the buyer - consumer and the seller arising from a consumer contract.

10.2. Buyers - consumers are entitled to use an online dispute resolution platform to resolve their disputes, using the language of their choice. The buyer - consumer can use the ODR platform for alternative dispute resolution, which is available at http://ec.europa.eu/consumers/odr/, to resolve his / her dispute.

11. FINAL PROVISIONS

11.1. 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.

11.1A. 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). It is not technically possible to guarantee that an organic review (written by a person without an invitation) will not appear, but the number of such reviews is negligible. 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.

11.2. 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.

11.3. 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.

11.4. The legal relations between the contracting parties are governed by the contract, these GTCs, the provisions of Act No. 40/1964 Coll. of the Civil Code as amended, Act no. 22/2004 Coll. on electronic commerce and on the amendment of Act no. 128/2002 Coll. on state control of internal market in the consumer protection issues and on the amendment of certain laws as amended by Act no. 284/2002 Coll. as amended, Act No. 250/2007 Coll. on consumer protection and on the amendment of the Act of the Slovak National Council no. 372/1990 Coll. on offenses as amended, Act no. 18/2018 Coll. on personal data protection and on the amendment of certain laws and Act no. 102/2014 Coll. on consumer protection in the sale of goods or the provision of services on the basis of a distance contract or a contract concluded outside the seller's premises and on the amendment of certain laws and other generally binding legal regulations of the Slovak Republic.

11.5. 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 case of doubt as to the content of the contract to which the buyer - consumer is a party, or these GTCs, including their annexes, the interpretation that is more favorable for the buyer - consumer shall apply.

11.6. The contracting parties shall use their best efforts to amicably settle any dispute, controvery 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. This does not affect the validity of the provisions of international treaties on the jurisdiction of other courts.

12. LIST OF ANNEXES

12.1. The following annexes are an integral part of the first part of these GTCs:

  1. Annex No. 1 to the GTCs: Claim form
  2. Annex No. 2 to the GTCs: Withdrawal form
  3. Annex No. 3 to the GTCs: Extra services
  4. Annex No. 4 to the GTCs: General terms and conditions of the MUZIKER CLUB 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:

e-mail address: support@muziker.com
phone number: +421 2 581 017 55
VAT ID: SK7020001021
Tax ID: 2021680991
address: Muziker, a.s.
Drieňová 1/H
821 01 Bratislava
Slovak Republic

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 the damage to the goods has been caused by natural wear and tear, accidental damage or deterioration,
  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

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:

First and last name:
Street and house number:
Postcode / City:
E-mail:
Phone:
IBAN account number (in case of refund):

(hereinafter referred to as the "buyer" or "I")

As a buyer, I have entered into the purchase agreement specified below with the seller for the goods specified below, for which I hereby file a claim with the seller, including a description of the defects specified below.

Sales receipt number 2):
Date of concluding the contract 1)
Date of filing the claim


Claimed goods
 
Name 3):
Description of the defects 4):






Indicate which method of settling the claim you prefer (please tick)*

▢ Repair
▢ Replacement
▢ Refund
▢ Appropriate reduction in the price

*We will inform you about the final method of settling the claim after diagnosing the defect.

List of annexes:

Signature:

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:

First and last name, title:
Residential address:
Delivery address:
Contact details (email address and / or phone number):

(hereinafter referred to as the "Buyer" or "I")

As a consumer, I entered into a purchase agreement with the seller on (date) ________________ 1) for the goods specified below, from which I hereby withdraw.

Invoice number and order ID 2):

Date of handover of the goods:

Goods that I am returning to the seller (name and code of the goods) 3):

Reason for withdrawal from the contract / returning the goods 4):

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.



Method of refunding the purchase price:

▢ To IBAN account number:
▢ In a different way:
Signature:

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: support@muziker.com (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 the reason for termination, the termination of the membership results in the irreversible loss of all unused available and reserved points and the deactivation of the member's loyalty card.

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
(hereinafter referred to as "membership benefits").

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.