Terms and Conditions

Terms of Trade of the company Zara Guitar Editions

with registered office at: Jažlovická 28, Praha 4 - Chodov
identification number: 00938459
registered in the Commercial Register in Prague for the sale of goods via an on-line shop at the internet address:

https://www.duomanera.com/e-shop-zara-guitar-editions

1. Introductory Provisions

1.1. These Terms of Trade (hereinafter referred to as "Terms of Trade") of the company Zara Guitar Editions, with registered office at: Jažlovická 28, Praha 4 - Chodov, identification number: 00938459, registered in the Commercial Register in Prague (hereinafter referred to as the "Seller") govern, in compliance with the provisions of s. 1751 para. 1 of Act no. 89/2012 Coll., Civil Code, in the wording of later provisions (hereinafter referred to as the "Civil Code"), the mutual rights and obligations of contractual parties incurred in relation to or on the basis of the Purchase Contract (hereinafter referred to as the "Purchase Contract") concluded between the Seller and another physical person (hereinafter referred to as the "Buyer") by way of the Seller's internet store. The Seller operates his online store through a web page located at the internet address https://www.duomanera.com/e-shop-zara-guitar-editions/

(hereinafter referred to as the "web page"), this by way of the web page's interface (hereinafter referred to as the "store web interface").

1.2. Provisions diverging from the Terms of Trade may be agreed upon in the Purchase Contract. Different provisions in the Purchase Contract take precedence over the provisions of the Terms of Trade.

1.3. The provisions of the Terms of Trade are an integral part of the Purchase Contract. The Purchase Contract and Terms of Trade are drafted in Czech and English language. The Purchase Contract may be concluded in Czech and in English.

1.4. The Seller may change or amend the wording of the Terms of Trade. This provision has no effect on the rights and obligations that arose in the period of effect of the prior wording of the Terms of Trade.

2. User Account

2.1. The Buyer may access his user interface on the basis of his registration on the web page. The Seller may order goods via his user interface (hereinafter referred to as "User Account"). If the store web interface allows for it, the Buyer may order goods without registration as well, directly through the store web interface.

2.2. When registering on the web page and ordering goods, the Buyer is obliged to submit all data correctly and truly. The Buyer is obliged to update the data in his User Account upon any change in the data. The data submitted by the Buyer in the User Account and order of goods are considered as correct by the Seller.

2.3. Access to the User Account is secured by a user name and password. The Buyer is obliged to maintain the confidentiality of information necessary to access his User Account.

2.4. The Buyer is not entitled to allow third persons to use his User Account.

2.5. The Seller may cancel a User Account, namely if the Buyer has not used his User Account for a period longer than [period of time], or in case the Buyer breaches his obligations under the Purchase Contract (including the Terms of Trade).

2.6. The Buyer acknowledges that the User Account may not be accessible at all times, this namely with regard to the necessary maintenance of the Seller's hardware and software, or necessary maintenance of third parties' hardware and/or software.

3. Conclusion of the Purchase Contract

3.1. All presentations of goods on the store web interface is for informative purposes and the Seller is not obliged to conclude a Purchase Contract regarding these goods. The provisions of s. 1732 para. 2 of the Civil Code shall not apply.

3.2. The store web interface contains information on goods, including the prices of individual items of goods. The prices of goods are given including value added tax and all related fees. The prices of goods remain valid for the period for which they appear on the store web interface.

3.3. To order goods, the Buyer fills out an order form on the store web interface. The order form contains namely information on:

3.3.1. the ordered goods (the Buyer "puts" the ordered goods in the electronic shopping cart of the store web interface).

3.3.2. the manner of payment of the purchase price of the goods and address of electronic mail for delivery of the ordered goods.

3.4. Prior to sending off the order to the Seller, the Buyer is allowed to check and change the data he submitted in the order, this also with regard to the Buyer's possibility to determine and correct mistakes made when inputting data in the order. The order is sent by the Buyer to the Seller by clicking on the button "Finish order". The data given in the order is considered as correct by the Seller. Immediately upon receiving the order, the Seller confirms the receipt of the order to the Buyer by electronic mail, this to the electronic mail address of the Buyer given in the User Account or in the order (hereinafter referred to as "Buyer's electronic address").

3.5. The contractual relationship between the Seller and Buyer begins upon the delivery of the acceptance of an order (receipt) sent to the Buyer by electronic mail, this to the electronic mail address of the Buyer.

3.6. The Buyer consents to the use of remote communication means for the conclusion of a Purchase Contract. Costs incurred by the Buyer while using remote communication means in connection with the conclusion of a Purchase Contract (the costs of an internet connection, telephone charges) are borne by the Buyer himself, whereat these costs do not differ from a basic rate.

4. Price of Goods and Payment Terms

4.1. The Buyer may pay the price of goods and any potential costs connected with the delivery of goods to the Seller pursuant to the Purchase Contract in the following ways:

- by wire transfer to the Seller's account no. 1174449013/0800, at the bank

Česká Spořitelna (hereinafter referred to as the "Seller's account");

- by direct debit using the Paypal payment system;

- by direct debit by payment card;

4.2. The Seller does not require any advance payment or similar payment from the Buyer. This has no effect on the provisions of article 4.6 of the Terms of Trade regarding the obligation to pay the purchase price of the goods in advance.

4.3. In case of a wire transfer, the Buyer must give the variable symbol of the payment when paying the purchase price. In case of wire transfers, the obligation of the Buyer to pay the purchase price is fulfilled as of the moment when the relevant sum is credited to the account of the Seller.

4.4. The Seller is entitled to, namely if the Buyer does not additionally confirm the order (art. 3.5), require the payment of the full purchase price prior to sending the goods to the Buyer. The provisions of s. 2119 para. 1 of the Civil Code shall not apply.

4.5. Potential discounts from the price of goods provided to the Buyer by the Seller cannot be mutually combined.

4.6. If it is usual in business relations, or determined by generally binding legal regulations, the Seller shall issue a tax document - invoice - to the Buyer regarding payments made on the basis of the Purchase Contract. The Seller is not a value added tax payer. The Seller shall issue the tax document - invoice - to the Buyer upon the payment of the purchase price of the goods and send it in electronic form to the electronic mail address of the Buyer.

4.7. The Seller is obliged to issue a bill to the Buyer in compliance with the Act on registration of sales. At the same time he must record the income online with his tax Administrator, in case of a technical failure at latest within 48 hours.

5. Withdrawal from the Purchase Contract

5.1. Pursuant to s. 1820 para. 1 letter f), s. 1837 letter l) of Act no. 89/2012 Coll., Civil Code - right to withdraw from contract is not possible due to the sale of digital content, i.e. not material goods or services.

6. Transportation and Delivery of Goods

6.1. Due to the nature of the products all digital content in PDF format is sent by electronic mail.

6.2. The Buyer must provide a valid e-mail account for successful file transaction.

6.3. The Seller bears no liability for an erroneously filled out e-mail address.

6.4. After the payment of the order by the Buyer, the Seller has a 24h limit to send a purchased PDF product.

7. Further Rights and Obligations of Contractual Parties

7.1. The Buyer becomes the owner of the goods as of the payment of the full purchase price of the goods.

7.2. In relation to the Buyer, the Seller is not bound by any codices of behaviour in the sense of the provisions of s. 1826 para. 1 letter e) of the Civil Code.

7.3. Complaints of customers are handled by the Seller by way of the electronic address zara.guitar.editions@gmail.comThe Seller sends information about the processed complaint of the Buyer to the Buyer's electronic address.

7.4. The authority competent for out-of-court settlement of consumer disputes under Purchase Contracts is the Czech Trade Inspection (Česká obchodní inspekce), with registered office at Štěpánská 567/15, 120 00 Prague 2, ID no.: 000 20 869, internet address: https://adr.coi.cz/cs. The platform for resolving disputes on-line, located at the internet address https://ec.europa.eu/consumers/odr, may be used to resolve disputes between the Seller and Buyer under a Purchase Contract.

7.5. The European Consumer Centre Czech Republic, with registered office at Štěpánská 567/15, 120 00 Prague 2, internet address: https://www.evropskyspotrebitel.cz is the contact centre pursuant to the Regulation (EU) no. 524/2013 of the European Parliament and of the Council of May 21st 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).

7.6. The Seller is authorised to sell goods on the basis of a trade licence. The trade inspections are conducted by pertinent trade authorities within the scope of their competence. Supervision in the area of protection of personal data is conducted by the Office for the Protection of Personal Data. Among else, the Czech Trade Inspection supervises, in limited scope, adherence to Act no. 634/1992 Coll., on consumer protection, in the wording of later provisions.

7.7. The Buyer hereby assumes the risk of change of circumstances in the sense of s. 1765 para. 2 of the Civil code.

8. Protection of Copyrighted Works against Sharing and Copying

8.1. The Buyer receives a PDF, where a special serial number is entered at the beginning of each staff (throughout the score and in individual parts). This serial number is also given in the footer of each page.

8.2. The Buyer undertakes not to change, remove or disable the correct displaying of protective elements in any way. The Buyer also confirms his consent that he shall not further distribute, copy or provide the products to third parties.

8.3. The Act on copyright - no. 115/1953 Coll. - applies to all products.

8.4. Any infringement on these protective elements and unauthorised dissemination of this sheet music to third parties is penalised by a financial penalty of CZK10 000. If exacted by court, up to CZK 30 000.

9. Mailing of Commercial Messages and Storing of Cookies

9.1. The Buyer consents to the sending of information related to the goods, services or Seller's company to the Buyer's electronic address, and he further consents to the sending of commercial messages by the Seller to the Buyer's electronic mail address. The Seller fulfils his obligation to inform the Buyer in the sense of article 13 of the GDPR regulation in relation to the processing of the Buyer's personal data for the purposes of sending commercial messages by way of a special document.

9.2. The Buyer consents to the storing of so-called cookies on his computer. In case the purchase on the web page and the fulfilment of the Seller's obligation under the Purchase Contract is possible without the storing of the so-called cookies on the Buyer's computer, the Buyer may revoke his consent as per the previous sentence at any time

10. Final Provisions

10.1. Should the relationship based on the Purchase Contract contain an international (foreign) element, the parties agree that the relationship shall be governed by Czech laws.

10.2. The choice of law pursuant to article 11.1 of the Terms of Trade does not release the consumer of the protection provided to him by the provisions of a legislative, from which the contract may not diverge and which would otherwise apply in case no choice of law has been given, pursuant to the provisions of article 6 para. 1 of the Regulation (EU) no. 593/2008 of the European Parliament and of the Council of June 17th2008 on the law applicable to contractual relations (Rome I).

10.3. If any of the provisions of the Terms of Trade is invalid or ineffective, or becomes such, the invalid provision shall be replaced by a provision the sense of which is as close as possible to that of the invalid provision. The invalidity of ineffectiveness of one provision does not affect the validity of other provisions.

10.4. The Purchase Contract, including the Terms of Trade, is archived by the Seller in electronic form and it is not accessible.

10.5. The Seller's contact details: e-mail address zara.guitar.editions@gmail.com, telephone +420 731 181 063.

In Prague on January 10th 2022