Terms and Conditions

General Terms and Conditions

I. Basic Provisions

These general terms and conditions (hereinafter referred to as "terms and conditions") are issued in accordance with § 1751 et seq. of Act No. 89/2012 Coll., Civil Code (hereinafter referred to as the "Civil Code").

AUDIOSTUDIO s.r.o.,
Vodární 1179/1A
779 00 Olomouc
Czech Republic
tel.: +420 608 752 475
mail: info@supethifi.cz
Company ID: 25853589
Tax ID: CZ25853589
EORI: CZ25853589
hereinafter referred to as "seller"

These terms and conditions govern the mutual rights and obligations of the seller and the individual who concludes a purchase contract outside their business activities as a consumer, or in connection with their business activities (hereinafter referred to as "buyer") via the web interface located on the website accessible at www.superhifi.cz (hereinafter referred to as the "online store").
Provisions of these terms and conditions are an integral part of the purchase contract. Deviating provisions in the purchase contract take precedence over the provisions of these terms and conditions.
These terms and conditions and the purchase contract are concluded in the Czech language.

II. Information about Goods and Prices

Information about the goods, including the prices of individual goods and their main characteristics, is provided for each item in the catalog of the online store. Prices of goods are quoted including value added tax, all related fees, and costs of returning goods if such goods, by their nature, cannot be returned by usual postal means. Prices of goods remain valid for as long as they are displayed in the online store. This provision does not exclude the conclusion of a purchase contract under individually agreed conditions.
All presentations of goods placed in the catalog of the online store are for informational purposes only, and the seller is not obliged to conclude a purchase contract regarding such goods.
The online store publishes information about the costs associated with packaging and delivery of goods. Information about the costs associated with packaging and delivery of goods listed in the online store applies only in cases where goods are delivered within the territory of the Czech Republic.
Any discounts from the purchase price of goods cannot be combined unless otherwise agreed by the seller and the buyer.

III. Order and Conclusion of Purchase Contract

Costs incurred by the buyer when using remote communication means in connection with concluding the purchase contract (costs for internet connection, costs for telephone calls) shall be borne by the buyer. These costs do not differ from the basic rate.
The buyer places an order for goods in the following ways:

through their customer account if they have previously registered in the online store,
by filling out the order form without registration.

When placing an order, the buyer selects the goods, the number of pieces of goods, the method of payment and delivery.
Before sending the order, the buyer is allowed to check and change the details they have entered into the order. The buyer sends the order to the seller by clicking the ORDER button. The details provided in the order are considered correct by the seller. A condition for the validity of the order is the completion of all mandatory data in the order form and the buyer's confirmation that they have read these terms and conditions.
Immediately after receiving the order, the seller shall send the buyer confirmation of receipt of the order to the email address provided by the buyer when placing the order. This confirmation is automatic and is not considered a conclusion of the contract. The confirmation includes the current terms and conditions of the seller. The purchase contract is concluded only upon acceptance of the order by the seller. The notice of acceptance of the order is delivered to the buyer's email address.
If any of the requests stated in the order cannot be fulfilled by the seller, the seller will send a modified offer to the buyer's email address. The modified offer is considered a new proposal for the purchase contract, and the purchase contract is concluded upon the buyer's confirmation of acceptance of this offer to the seller's email address provided in these terms and conditions.
All orders received by the seller are binding. The buyer can cancel the order until they receive notification of acceptance of the order from the seller. The buyer can cancel the order by phone or by email to the seller's contact information provided in these terms and conditions.
In the event of an obvious technical error on the seller's part in stating the price of goods in the online store or during the ordering process, the seller is not obliged to supply the buyer with goods at this evidently erroneous price, even if the buyer has received an automatic confirmation of receipt of the order according to these terms and conditions. The seller will inform the buyer of the error without unnecessary delay and will send a modified offer to the buyer's email address. The modified offer is considered a new proposal for the purchase contract, and the purchase contract is concluded upon the buyer's acceptance confirmation sent to the seller's email address.

IV. Customer Account

Based on the buyer's registration performed in the online store, the buyer can access their customer account. From their customer account, the buyer can place orders for goods. The buyer can also order goods without registration.
When registering for a customer account and when ordering goods, the buyer is obliged to provide all information accurately and truthfully. The buyer is required to update the information provided in the user account whenever changes occur. The information provided by the buyer in the customer account and when ordering goods is considered correct by the seller.
Access to the customer account is secured by a username and password. The buyer is obliged to maintain confidentiality regarding the information necessary to access their customer account. The seller is not responsible for any misuse of the customer account by third parties.
The buyer is not authorized to allow third parties to use their customer account.
The seller may cancel the user account, especially if the buyer has not used their user account for an extended period, or if the buyer violates their obligations from the purchase contract or these terms and conditions.
The buyer acknowledges that the user account may not be available continuously, especially regarding necessary maintenance of the seller's hardware and software, or necessary maintenance of hardware and software by third parties.

V. Payment Terms and Delivery of Goods

The price of the goods and any costs associated with the delivery of the goods according to the purchase contract can be paid by the buyer in the following ways:

bank transfer to the seller's bank account,
credit card payment,
bank transfer to the seller's account via the ComGate payment gateway.

Along with the purchase price, the buyer is obliged to pay the seller the costs associated with the packaging and delivery of the goods at the agreed amount. Unless explicitly stated otherwise, the purchase price also includes the costs associated with the delivery of the goods.
In case of payment via the payment gateway, the buyer should follow the instructions of the relevant electronic payment provider.
In the case of cashless payment, the buyer's obligation to pay the purchase price is fulfilled at the moment the relevant amount is credited to the seller's bank account.
The seller does not require any advance payment or similar payment from the buyer in advance. Payment of the purchase price prior to the dispatch of the goods is not considered an advance payment.
According to the Sales Record Act, the seller is obliged to issue a receipt to the buyer. At the same time, they are obliged to record the received revenue with the tax administrator online, in the case of a technical failure, no later than 48 hours.
The goods are delivered to the address specified by the buyer in the order.

The choice of delivery method is made during the ordering of the goods.
The costs of delivering the goods, depending on the method of dispatch and receipt of the goods, are specified in the buyer's order and in the order confirmation sent by the seller. If the method of transport is agreed upon based on a special request from the buyer, the buyer bears the risk and any additional costs associated with this method of transport.
If the seller is obliged to deliver the goods to a place specified by the buyer in the order, the buyer is obliged to accept the goods upon delivery. In case the goods must be delivered repeatedly or in a different way than specified in the order due to reasons on the buyer's part, the buyer is obliged to cover the costs associated with the repeated delivery of the goods, or the costs associated with another delivery method.
Upon receiving the goods from the carrier, the buyer is obliged to check the integrity of the packaging and immediately report any defects to the carrier. If the packaging shows signs of tampering indicating unauthorized access to the shipment, the buyer may refuse to accept the shipment from the carrier.
The seller will issue a tax document – invoice. The tax document will be sent to the buyer's email address or attached to the delivered goods.
The buyer acquires ownership of the goods upon payment of the full purchase price, including delivery costs, but not earlier than upon receipt of the goods.
The risk of accidental destruction, damage, or loss of the goods passes to the buyer at the moment of receipt of the goods or at the moment the buyer was obliged to take receipt of the goods but failed to do so in violation of the purchase contract.

VI. Withdrawal from the Contract

A buyer who has entered into a purchase contract outside of their business activities as a consumer has the right to withdraw from the purchase contract.
The withdrawal period is 14 days

from the date of receipt of the goods,
from the date of receipt of the last delivery of goods, if the contract involves several types of goods or delivery of several parts,
from the date of receipt of the first delivery of goods, if the contract concerns regular repeated delivery of goods.

The buyer cannot withdraw from the purchase contract in particular cases

for the provision of services, if they have been fulfilled with the buyer's prior express consent before the expiration of the withdrawal period and the seller informed the buyer before the conclusion of the contract that in such cases they do not have the right to withdraw from the contract,
for the supply of goods or services, the price of which depends on fluctuations in the financial market independent of the seller's will and which may occur during the withdrawal period,
for the supply of goods that have been customized according to the buyer's wishes or for their person,
for the supply of audio or video recordings or computer programs if the original packaging has been opened,
for the delivery of digital content if it has not been delivered on a tangible medium and was delivered with the prior express consent of the buyer before the expiration of the withdrawal period and the seller informed the buyer before the conclusion of the contract that in such cases they do not have the right to withdraw from the contract,
in other cases specified in § 1837 of the Civil Code.

To comply with the withdrawal period, the buyer must send a declaration of withdrawal within the withdrawal period.
To withdraw from the purchase contract, the buyer may use the withdrawal form provided by the seller. The withdrawal from the purchase contract must be sent by the buyer to the email or delivery address of the seller specified in these terms and conditions. The seller will confirm receipt of the form to the buyer without delay.
The buyer who has withdrawn from the contract is obliged to return the goods to the seller within 14 days from the withdrawal from the contract. The buyer bears the costs associated with returning the goods to the seller, even if the goods cannot be returned by regular postal means due to their nature.
If the buyer withdraws from the contract, the seller shall refund all payments received from the buyer, including delivery costs, without undue delay, and no later than 14 days from the withdrawal from the contract, using the same method of payment. The seller will return the received funds to the buyer in another way only if the buyer agrees and this does not incur additional costs for the buyer.
If the buyer has chosen a method of delivery other than the cheapest one offered by the seller, the seller will refund the buyer for the delivery costs only up to the amount corresponding to the cheapest delivery method offered.
If the buyer withdraws from the purchase contract, the seller is not obliged to refund the received funds to the buyer before the goods are returned or the buyer proves that they sent the goods back to the seller.
The buyer must return the goods to the seller in an undamaged, unworn, and unsoiled condition, and if possible, in the original packaging. The seller is entitled to unilaterally set off any claim for damages incurred on the goods against the buyer's claim for a refund of the purchase price.
The seller is entitled to withdraw from the purchase contract due to the exhaustion of stock, unavailability of goods, or if the manufacturer, importer, or supplier has discontinued the production or import of the goods. The seller will promptly inform the buyer via the email address provided in the order and will refund all payments received from the buyer, including delivery costs, within 14 days from the notice of withdrawal from the purchase contract, using the same method of payment or a method specified by the buyer.

VII. Rights from Defective Performance

The seller is responsible to the buyer that the goods are free from defects upon receipt. In particular, the seller is responsible to the buyer that at the time the buyer receives the goods

the goods have the properties agreed upon by the parties, and if no agreement exists, they have the properties described by the seller or manufacturer, or which the buyer expected with regard to the nature of the goods and based on advertising carried out by them,
the goods are suitable for the purpose that the seller indicates for their use or for which such goods are usually used,
the goods correspond in quality or execution to the agreed sample or model, if quality or execution was determined according to the agreed sample or model,
the goods are in the appropriate quantity, measure, or weight, and
the goods comply with the requirements of legal regulations.

The seller's obligations regarding defective performance are at least to the extent to which the manufacturer's obligations regarding defective performance last. The buyer is otherwise entitled to assert a right for any defects occurring in consumer goods within twenty-four months from receipt.
If the sold goods, their packaging, the instruction manual attached to the goods, or advertising in accordance with other legal regulations indicates a period during which the goods can be used, the provisions regarding the warranty for quality shall apply. The warranty for quality means that the seller commits that the goods will be suitable for use for the usual purpose for a certain period of time or that they will retain usual properties. If the buyer justifiably points out a defect in the goods to the seller, the period for exercising rights from defective performance or the warranty period does not run for the time during which the buyer cannot use the defective goods.
The provisions stated in the previous paragraph of the terms and conditions do not apply to goods sold at a lower price for a defect for which the lower price was agreed, to wear and tear of goods caused by usual use, to used goods for a defect corresponding to the degree of use or wear that the goods had at the time of receipt by the buyer, or as a result of the nature of the goods. The right from defective performance does not belong to the buyer if they knew about the defect before receiving the goods or if they caused the defect themselves.
In case of a defect, the buyer may submit a complaint to the seller and request

a replacement with new goods,
repair of the goods,
a reasonable discount on the purchase price,
withdrawal from the contract.

The buyer has the right to withdraw from the contract,

if the goods have a substantial defect,
if the buyer cannot properly use the goods due to a recurring defect or defects after repair,
in the case of a greater number of defects of the goods.

A substantial defect is a breach of contract that the party breaching the contract knew or should have known at the time of entering into the contract would lead the other party not to enter into the contract had they anticipated this breach.
For defects that constitute a non-substantial breach of contract (regardless of whether they are removable or non-removable defects), the buyer is entitled to have the defect removed or to receive a reasonable discount on the purchase price.
If a removable defect occurs repeatedly after repairs (typically the third complaint for the same defect or the fourth for different defects) or if the goods have a greater number of defects (usually at least three defects simultaneously), the buyer has the right to demand a discount on the purchase price, replacement of the goods, or withdraw from the contract.
When making a complaint, the buyer is obliged to inform the seller of the right they have chosen. A change of choice without the seller's consent is possible only if the buyer requested a repair of a defect that proves to be non-removable. If the buyer does not timely choose their right from a substantial breach of contract, they have the same rights as in the case of a non-substantial breach of contract.
If repair or replacement of the goods is not possible, the buyer may request a full refund of the purchase price based on the withdrawal from the contract.
If the seller proves that the buyer knew about the defect in the goods before acceptance or caused the defect themselves, the seller is not obliged to satisfy the buyer's claim.
The buyer cannot claim defects on discounted goods for which the discount was given.
The seller is obliged to accept complaints at any establishment where the acceptance of complaints is possible, or at the seller's registered office or place of business. The seller is obliged to issue a written confirmation to the buyer stating when the buyer exercised their right, what the content of the complaint is, and what method of resolution the buyer requested, as well as confirmation of the date and method of resolving the complaint, including confirmation of the repair performed and its duration, or a written justification for rejecting the complaint.
The seller or an authorized employee shall decide on the complaint immediately, in complex cases within three working days. This period does not include the time reasonably required, depending on the type of product or service, for expert assessment of the defect. The complaint, including the removal of the defect, must be resolved without undue delay, no later than 30 days from the date the complaint was filed, unless the seller agrees with the buyer on a longer period. The expiration of this period is considered a substantial breach of contract, and the buyer has the right to withdraw from the purchase contract. The moment of filing the complaint is considered the moment when the buyer's expression of will (the exercise of the right from defective performance) reaches the seller.
The seller will inform the buyer in writing about the outcome of the complaint.
The right from defective performance does not belong to the buyer if the buyer knew about the defect before receiving the item or if the buyer caused the defect themselves.
In case of a justified complaint, the buyer has the right to reimbursement of the reasonably incurred costs related to the complaint. This right can be exercised by the buyer against the seller within one month after the warranty period expires; otherwise, the court may not grant it.
The choice of the method of complaint lies with the buyer.
The rights and obligations of the contractual parties regarding rights from defective performance are governed by §§ 1914 to 1925, §§ 2099 to 2117, and §§ 2161 to 2174 of the Civil Code and Act No. 634/1992 Coll., on Consumer Protection.

VIII. Delivery

The contractual parties may deliver all written correspondence to each other via electronic mail.
The buyer delivers correspondence to the seller at the email address stated in these terms and conditions. The seller delivers correspondence to the buyer at the email address provided in their customer account or in the order.

IX. Personal Data

All information that the buyer provides while cooperating with the seller is confidential and will be treated as such. Unless the buyer gives the seller written consent, the seller will not use the buyer's data for purposes other than fulfilling the contract, except for the email address, to which commercial messages may be sent, as this is allowed by law unless explicitly rejected. These messages may only relate to similar or related goods and can be unsubscribed at any time simply (by sending a letter, email, or clicking on a link in the commercial message). The email address will be retained for this purpose for 3 years from the conclusion of the last contract between the parties.
More detailed information about the protection of personal data can be found in the Privacy Policy HERE.

X. Out-of-Court Dispute Resolution

For out-of-court resolution of consumer disputes arising from the purchase contract, the competent authority is the Czech Trade Inspection Authority, located at Štěpánská 567/15, 120 00 Prague 2, ID: 000 20 869, website: https://adr.coi.cz/cs. The platform for online dispute resolution located at http://ec.europa.eu/consumers/odr can be used for resolving disputes between the seller and the buyer arising from the purchase contract.
The European Consumer Centre Czech Republic, located at Štěpánská 567/15, 120 00 Prague 2, website: http://www.evropskyspotrebitel.cz is the contact point according to Regulation (EU) No. 524/2013 of the European Parliament and of the Council of May 21, 2013, on online dispute resolution for consumer disputes and amending Regulation (EC) No. 2006/2004 and Directive 2009/22/EC (Regulation on online consumer dispute resolution).
The seller is authorized to sell goods based on a trade license. Trade inspection is carried out by the relevant trade office within its scope. The Czech Trade Inspection Authority exercises oversight over compliance with Act No. 634/1992 Coll., on Consumer Protection, to a specified extent.

XI. Final Provisions

All agreements between the seller and the buyer are governed by the legal order of the Czech Republic. If the relationship established by the purchase contract contains an international element, the parties agree that the relationship will be governed by the law of the Czech Republic. This does not affect the rights of the consumer arising from generally binding legal regulations.
The seller is not bound by any codes of conduct in relation to the buyer as per § 1826 paragraph 1 letter e) of the Civil Code.
All rights to the seller's website, especially copyright to the content, including the layout, photos, videos, graphics, trademarks, logos, and other content and elements, belong to the seller. It is prohibited to copy, modify, or otherwise use the website or any part thereof without the seller's consent.
The seller is not liable for errors arising from third-party interference with the online store or as a result of its use contrary to its purpose. The buyer must not use procedures that could negatively affect the operation of the online store and must not engage in any activities that could allow them or third parties to interfere unlawfully or to unlawfully use the software or other components constituting the online store and to use the online store or its parts or software in a way that would be contrary to its purpose or intent.
The buyer hereby assumes the risk of a change in circumstances under § 1765 paragraph 2 of the Civil Code.
The purchase contract, including the terms and conditions, is archived by the seller in electronic form and is not accessible.
The wording of the terms and conditions may be changed or supplemented by the seller. This provision does not affect rights and obligations that arose during the validity of the previous version of the terms and conditions.
An annex to the terms and conditions is a sample form for withdrawal from the contract.

These terms and conditions come into effect on April 1, 2023.