General terms & conditions Dayafter.cz
1. Basic provisions
The general terms and conditions posted on this site (hereinafter referred to as GTC) apply to shopping via the e-shop www.dayafter.cz and are part of the purchase contract.The operator of the online store Dayafter.cz is the company Day After Records s.r.o., seated at Plovární 82/3, Jižní Předměstí, 301 00 Plzeň, registered at the Regional Court in Plzeň, Section C, File 29912, ID 02575311, VAT: CZ02575311, bank wire info: Account holder: Day After Records, s.r.o.
GTC specify the relationship between the Buyer and Seller in details in the sale of goods between Day After Records s.r.o. (hereinafter referred to as the "Seller") and its business partners (hereinafter the "Buyer").
The Buyer has access to these GTC and thus has the opportunity to become familiar with them before placing an order.By placing an order, the Buyer confirms that he/she is familiar with these GTC - which include the complaints procedure -and agrees with them.
All contractual relations are concluded in accordance with Czech law.If the contractual party is a consumer, relations not modified by business conditions are governed by the Civil Code (no. 89/2012 Coll.) and the Consumer Protection Act (no. 634/1992 Coll.).If the contracting party is not a consumer, the business relations are governed by the Civil Code (no. 89/2012 Coll.).
2. Definition of Terms
The consumer contract is a purchase contract, contract for work or other contracts where the parties are a consumer on the one side and a supplier on the other side.
The Seller is the company Day After Records s.r.o., domicile Plovární 82/3, Southern Suburbs, 301 00 Plzeň, registered at the Regional Court in Plzeň, Section C, File 29912, ID 02575311, VAT: CZ02575311
The customer of our online store is the Buyer.Given the existing law, there is a distinction between a Buyer who is a consumer, and a Buyer who is not a consumer.
Buyer consumer or a consumer is a person who, at the conclusion of the contract does not do so within the context of his commercial or other business activity. This is a natural or legal person who buys goods or services for purposes other than trading these products or services.
The Buyer who is not consumer (hereinafter referred to as "Buyer, not a consumer"), is a person who at the conclusion of the contract acts within the context of commercial or other business activities and who buys products or uses services for their business with these products or services.This Buyer is governed by terms and conditions to the extent which involves them and by the Commercial Code.
3. Purchase Contract - Ordering and prices
The Buyer forwards contact information which is necessary for the smooth execution of the order to the Seller. This is also supplemented by information required for entry in the purchase documents.
The Buyer is aware that the purchase of products that are in the business offer of Day After Records s.r.o., does not establish the right to use the registered trademarks, trade names, company logos, etc. of Day After Records s.r.o. or contractors of Day After Records s.r.o., - unless a special contract for a specific case is agreed.
The Buyer can conclude the contract:
• through the online store at www.dayafter.cz,
• by e-mail at firstname.lastname@example.org,
• In person at the seat of the company.
An agreement negotiated through the online store at www.dayafter.cz is validly concluded by adopting the draft contract at www.dayafter.cz, i.e. by inserting the required performance (goods or electronic content) to a cart and by a binding confirmation of the order.Before the Buyer confirms the binding order, the Buyer has the right to change either the required performance, or transport and method of payment, i.e. to check all the data entered into the order.The purchase contract is created by the Buyer sending a binding order after choosing transport and method of payment and by acceptance of orders by Day After Records s.r.o. Day After Records S.r.o. is not be responsible for any errors during data transfer.Conclusion of Contract shall be confirmed by the Seller Day After Records s.r.o. to the Buyer immediately by a notification e-mail to the e-mail address specified by the Buyer.This notification e-mail has no effect on the purchase contract.
The offer of goods, including the purchase price published on the site at the time the order is sent by the Buyer, is valid for the purposes of the purchase agreement.The condition of an electronic order is to complete all required data and information in the order form.
The contract is concluded in the Czech language; unless there are circumstances on the side of the Seller or Buyer, the contract can be concluded also in another language intelligible for the other side to read.
Prices are final, i.e. including VAT, respectively all other taxes and fees that the consumer must pay to obtain the goods.The delivery is always a proper tax document - the invoice that will be delivered to the Buyer within the packaged goods (unless otherwise agreed upon by the Seller and the Buyer otherwise).The Buyer has the opportunity to know the fact how long the offer or price remains valid.
4. Conflict with the contract
In the event that the matter, at the time of receipt by the Buyer is not in conformity with the contract (hereinafter the conflict with the contract), the Buyer has the right to request the Seller to put the product in accordance with the purchase agreement, free of charge and without undue delay, according to the Buyer's request, either by exchange or repair;if such a procedure is not possible, the Buyer may request a reasonable discount on the price or cancel the contract.This does not apply if the Buyer knew about the conflict with the contract before the takeover or if he caused the conflict with the contract. Conflict with the contract, which will take effect within six months of the acceptance, is considered to be inconsistency at the time of its acceptance, if it does not contradict the nature of things or if it is not proven otherwise.
Conflict with the contract, in particular, means that the item sold does not have the quality and properties required by the contract, described by the Seller, manufacturer or its representative, or expected on the basis of their presented ads, or the quality and properties for the cause of the same kind that does not meet the legal regulations, is not in the correct quantity, measure or weight and does not meet the purpose for which the Seller presents the goods or for which matter they are normally used.
Fundamental breach of contract
If defective performance constitutes a fundamental breach of the contract, the Buyer has the right:
• to have the defects removed by delivery of new items without defects or delivery of missing items, unless this is due to the nature of the defect unreasonable, but if the defect affects only part of the case, the Buyer may require only replacement of parts;if this is not possible, he can withdraw from the contract.If, however, due to the disproportionate nature of the defect, especially if the defect can be removed without undue delay, the Buyer has the right to free remedy;
• to eliminate the defect by repairing the goods,
• a reasonable discount on the purchase price, or
• withdrawal from the contract.
The Buyer shall inform Day After Records s.r.o., which right he has chosen while notifying defects or without undue delay after notification of the defect. The option selected cannot be changed by the Buyer without the consent of Day After Records s.r.o.;this does not apply if the Buyer asked for the repair of defects which will prove to be unrecoverable.If Day After Records s.r.o. does not eliminate the defects within a reasonable period or notifies the Buyer that the defects will not be removed, the Buyer may, instead of requiring the removal of defects, request a reasonable discount on the purchase price or cancel the contract.If the Buyer does not exercise his rights within the specified time, he has the same rights as in the case of a minor breach of contract - see below.
Buyer-consumer has the right to an adequate discount even in the case that Day After Records s.r.o. cannot deliver a new item without defects, replace the part or repair the goods, and if Day After Records s.r.o. has not remedied this within a reasonable time, or that redress to consumers would cause considerable difficulties.
Minor breach of contract
If defective performance constitutes an insignificant breach of contract, the Buyer has the right to have defects eliminated or to a reasonable discount on the purchase price.
Day After Records s.r.o. can supply missing items, or remove the legal defect until the Purchaser exercised its right to reduce the purchase price or withdraws from the contract.Day After Records s.r.o. may eliminate other defects by its own choice by repairing the goods or delivering new ones.
If Day After Records s.r.o. do not eliminate the defect in a timely matter or refuses to remove the defect, the Buyer may require a reduction of the purchase price or cancel the contract. The option selected cannot be changed by the Buyer without the consent of Day After Records s.r.o.
The Buyer has the right to have new goods delivered or parts replaced even in the case of removable defects if the goods cannot be properly used due to a recurring defect or for a larger number of defects.In this case, the Purchaser has the right to cancel the contract.
When delivering new goods, Day After Records s.r.o. shall return at its expense to the Buyer the goods originally supplied.
If the Buyer did not report the defect without undue delay after he could in a timely inspection and adequate care know, he will not be entitled by the Seller to demand the right from the defective performance.If there is a hidden defect, the same applies, if no defect is notified without undue delay after the Buyer could determine with sufficient care, but not later than two years after the takeover of the goods.
By Guarantee for the quality, Day After Records s.r.o. agrees that the goods will be eligible to be used for normal purposes or will retain the usual properties for a certain period.These conditions involve putting the warranty period or shelf life of the goods on the label or in advertising.The guarantee can also be granted to an individual component of the goods.
The warranty period runs from the submission of the goods to the Buyer; if the goods were sent under the contract, this runs from the arrival of the goods to their destination.
The Buyer has no right from the guarantee if the defect was caused after the transfer of risk of damage to the Buyer by an external event.
5. Withdrawal from the contract, cancellation of the order
The consumer has the right to withdraw from the contract within fourteen days.The deadline under the first sentence runs from the date of conclusion of the contract and in the case of
• purchase agreement from the date of receipt of goods,
• an agreement with the object of several kinds of goods or supply of several parts, from receipt of the final delivery of the goods, or
• an agreement with the object of repeated periodic delivery of goods, from receipt of the first delivery of goods.
The consumer Buyer has the right to withdraw from the contract within 14 days from delivery of goods without giving any reason and without any penalty.In case of withdrawal the consumer Buyer is obliged to:
• send a letter (in writing to the Seller's address or in electronic form to the address email@example.com) with information about the intention to withdraw from the contract (i.e. "I hereby withdraw from the contract ...") or a letter personally delivered to the company seat.The letter must be dated and signed and must contain the number of the sales contract (invoice number), bank account number of the Buyer (if asking for a refund of the purchase price paid to the account, otherwise the address of the Buyer for reimbursement of the purchase price paid through money order)
• deliver the goods to the address Day After Records, s.r.o., Plovární 82/3, Jižní Předměstí, 301 00 Plzeň 1, together with a letter under the previous point; goods sent back to the Seller's address must be in the original intact packaging, with no signs of use, must be undamaged and complete, and if possible, together with proof of payment; the goods must not be sent cash on delivery (in this case, they it will not be collected); we recommend insuring the goods;the goods can also be delivered personally to the company seat,
When all the above conditions for returning goods are fulfilled, we will send the amount paid for the goods or part (corresponding to the purchase price paid for goods reduced by the amount proportionate to wear, resp. decreased by the direct cost of returning the goods) by transfer to the Buyer's bank account, money order to the address indicated by the Buyer, or we will hand over the money to the Buyer at the company's seat, and at the latest within 30 working days from receipt of the goods.
In the event that any of failure to comply with any of the above required conditions for withdrawal, the Buyer will not accept the cancellation, and the goods will be returned at the expense of the Seller; the Seller in this case is entitled to charge any additional expenses incurred.
The Buyer cannot withdraw from the contract in the following cases:
• the provision of services if their performance was started with agreement before the expiry of 14 days from the receipt of execution,
• the supply of goods or services whose price depends on the fluctuation of financial markets beyond the control of the supplier
• delivery of goods adjusted as desired by the consumer or to his person, as well as goods subject to rapid deterioration, wear and tear,
• delivery of audio and video recordings and computer programs if the consumer has destroyed the original packaging,
• the delivery of newspapers, periodicals and magazines,
• participation in a game or lottery.
The consumer also cannot withdraw from the contract for goods which cannot be returned because of their character, according to European Parliament and Council Directive 97/7 / EC on the protection of consumers in respect of distance contracts.
In the event that the goods have been delivered to the purchaser with free gifts, the Buyer must, in case of withdrawal, return the gifts provided.
The Seller reserves the right of withdrawal:
In the event that the price of goods offered is very different from the normal selling price of the goods, or if there has been an obvious error in the revaluation of the price of goods, (this means more than 40% price difference from the regular market price), the Seller has the right to withdraw from the contract.
In the event that the goods in the internet shop are labelled "Sales" and goods at a reduced price are in limited quantities - in the case of these goods it is not possible to buy more items than the current warehouse stock.In the event of depletion of stocks of goods, the Seller reserves the right to withdraw from the contract for orders which cannot be satisfied.Orders are always processed in the order in which they are recorded.
6. Price and delivery date for pre-orders
The date of delivery of goods is not made at the time of order (hereinafter referred to as "pre-ordered goods"), as well as the price of these goods are for guidance only.In most cases, the price during the pre-sales / bookings remain unchanged, however, the Seller reserves the right that if a change occurs, he will inform the customer in due time, and the customer has the opportunity to cancel the pre-order if the changed price is not acceptable to him.
7. Payment conditions and the proprietary title
Payment for goods ordered can be made in the following ways:
• Cash at personal collection on delivery (in case of purchase at the company's headquarters) and at normal price (not the Internet price)
• Cash on delivery COD (collection by the employee of the carrier)
• Bank transfer
• transaction by credit / debit card
• other payment methods set out in the part payment
Title to the goods passes to the Buyer by his acceptance (subject to payment of the purchase price, or paying the first instalment of the repayment scheme). The payment date is considered the day on which the amount corresponding to the purchase price incl.VAT is credited to the account of the Seller or the receipt of cash payment.
8. Delivery terms
Goods can be transferred to the customer in the following ways:
• delivery via Czech Post via the service Parcel in Hand (Balík do ruky)
• personally in the case of direct sales at the company's seat.In this case, the sale does not follow the business conditions of the online store
Price for transportation is listed on this page.
An incomplete or damaged consignment must be immediately notified to the address firstname.lastname@example.org.In the case of damaged shipment, it is necessary to draw up a damage report with the carrier and to immediately send it to the Seller.
9. Costs of using means of distance communication
Buyer agrees with the use of distance communication in concluding the purchase contract.Costs incurred by the Buyer by using means of distance communication in connection with concluding the purchase agreement (the cost of Internet access, telephone costs) are covered the Buyer himself.
10. Opening Hours
Orders through the online store at www.dayafter.cz can be submitted 7 days a week, 24 hours a day.The goods are shipped on weekdays only.
11. Guarantee on goods
The warranty period is calculated from the date when the Buyer took possession of the goods.The statutory warranty period is 24 months. The Seller may extend this warranty period. In this case, it is indicated for specific goods in the shop and also on a guarantee document (invoice).If there is an exchange of goods, a new warranty period of 24 months commences. After settling the claim, the warranty period is extended by the duration of the claim.In the case of an apparently unjustified complaint, where the appearance of illegitimacy must have been obvious to the average consumer, the warranty period is not extended.
Acceptance of the goods means the moment of handing over the goods from the Seller to the Buyer or an employee of the carrier handing over the goods to the Buyer. As a document of warranty, the Seller passes to the Buyer proof of purchase (invoice) with an indication of the data as given by the law.
At the request of the consumer, the Seller must provide a guarantee in writing (warranty). If it is the nature of the goods, instead of the warranty certificate it is sufficient to provide the Buyer with a proof of purchase of the goods which contains the details which must be included on warranty certificate.If given more than the statutory warranty, the Seller shall determine the conditions and the extent of the warranty extension on the warranty certificate.The warranty certificate must contain the name and surname, name or trade name of the Seller, identification number, registered office in the case of a legal person, or residence in the case of a natural person.
12. Warranty Conditions
The Buyer is obliged immediately after receiving the goods, along with the carrier, to check the external condition of the goods (the packaging is intact, number of parcels) according to the delivery list.In case the consignment is obviously incomplete or damaged, the Buyer is entitled to refuse to accept such consignment.
An incomplete or damaged consignment must be immediately notified to the address email@example.com.In the case of damaged shipment, it is necessary to draw up a damage report with the carrier and to immediately send it to the Seller.
The address for submission of a complaint is Day After Records, S.r.o., Plovární 82/3, Jižní Předměstí, 301 00 Plzeň 1. The goods may not be sent cash on delivery, otherwise they will not be accepted by the Seller and they should be insured. The consignment should also include a copy of the purchase receipt and a description of the problem or reason for the complaint. The Buyer selects the preferred method of settling the claim (see below).
Receipt of goods for the complaints procedure must be confirmed to the Buyer by the Seller immediately and in an appropriate manner (in principal by an e-mail or in person at the store), specifying the date of application, what is contained in the complaint and what method of claim the Buyer requests, and without undue delay.
The warranty does not cover damage caused by improper use or improper or inadequate treatment or any damages resulting from such use.For electrical appliances, the warranty does not cover damage caused by the effects of surges in the electricity grid. The guarantee does not cover mechanical damage, damage due to use in conditions that do not meet the conditions specified by the Seller or manufacturer defects caused by improper installation or failure to care for the goods, or excessive loading, which is contrary to the recommendations of the retailer or manufacturer. The warranty does not apply to damages resulting from unauthorized modification, and damage caused by natural elements or force majeure.
13. Complaints Handling
In the event that during the warranty period a defect occurs, the Buyer has, depending on the nature of the defects, the following rights: (the choice is that of the Buyer):
• in the case of removable defects: the right to free, fair and timely removal of defects;the right to exchange defective goods, unless it is inadequate to the disproportionate nature of the defect;and if neither of the aforementioned procedures are possible, the right to a reasonable discount on the purchase price or the right to withdraw from the contract,
• in the case of non-removable defect preventing proper use of goods: the right to exchange defective goods or the right to withdraw from the contract,
• in the case of removable defects occurring in greater numbers and repeatedly to prevent a proper use of the goods (in principle 3 of the same defects or 4 different defects): the right to exchange the defective goods or withdrawal from the contract,
• in the case of irreparable defects that do not prevent the proper use of the goods and the Buyer not requiring exchange of the goods: the right to a reasonable discount on the purchase price or withdrawal from the contract.
The Seller shall decide on the complaint immediately or within 5 working days from receipt of the complaint.This period does not count the time needed for expert assessment of the defect.In the case of a warranty, it is obligatory for the Seller to resolve the claim within 30 days of the claim.After this period, if the Buyer’s complaint is not resolved, he has the right to exchange the goods with new ones or to withdraw from the contract.
After settling the claim, the Seller shall notify the Buyer by phone, SMS or an e-mail.
In the event of an acknowledgement of warranty, the Buyer is entitled to reimbursement of costs associated with the claim (particularly the costs necessary to deliver the goods to the Seller).In the case of apparently unjustified complaint, where the appearance of illegitimacy must have been obvious to the average consumer, the cost of delivering the goods to the Seller and the subsequent delivery of goods to the Buyer are borne by the Buyer himself.
14. Protection of Personal Data
The Seller declares that all personal information transmitted to him by the Buyer will only be used to realize the fulfilment of the order with the Buyer.In no case will it be published or provided to third parties.Exception may be situations related to the distribution or payment in respect of the goods ordered.Customer information is stored in compliance with applicable laws of the Czech Republic, especially the Law on Personal Data Protection no. 101/2000 Coll.subsequent amendments and regulations. The Buyer accepts the conclusion of the collection and processing of personal data in the database of the Seller after successful completion of the contract and until a written statement disagreeing with the processing.The Buyer has the right to access his personal data, the right to correct them, including other legal rights to these data.Personal data may be, based on the customer's written request, deleted from our database. The personal data of our customers are fully protected against misuse. Personal customer data are not supplied supplier to other parties.Exceptions are the carriers, to whom the customers’ personal data are transmitted to the minimum extent that is necessary for the delivery of the goods.Individual contracts, following their closure are archived via an operator in an electronic form and are only accessible by the operator of the store.
The Buyer agrees that the e-mail address provided by him may be used for sending commercial messages from the Seller.The Buyer, however, has the right to refuse the sending of these messages at any time.
Access to personal data
The Buyer who made a registration on the Seller’s website has the option to edit his registration and change all personal data given by him at any time. He also has the option to choose whether or not he wishes to receive commercial communications from the operator to his e-mail address.These settings are possible in the customer profile.
15. Payment Terms
There are several payment methods to pay for goods for the online store:
Cash on Delivery - a classic method of payment on delivery.You do not need to have any accounts or any other activities.Czech Post will deliver the goods to your home and you pay upon receipt.Please note that this payment method can be used only in the Czech Republic!
2. Payment card, EC / MC and VISA (as well as Maestro and Visa Electron) – you do not specify your credit card information to our system, but directly to the bank interface 3D secure via encrypted SSL protocol.Within a few seconds you will learn the result.Your money will not be collected until the shipment is sent to your address. Caution: When paying with any card (EC / MC, VISA) in the case of division of a shipment, the entire amount will be collected and a possible overpayment will be immediately returned to the customer's account.
3. Bank transfer - a transfer of funds from your account using our standard transfer / payment money order.When using this method, we offer the appropriate on-screen symbols and numbers that are required for the transaction, or you can directly print a pre-filled payment order and deliver it to your bank.After transferring the amount to our account, your goods are immediately dispatched. The Buyer pays all fees associated with the transfer payment (OUR type) and pays the order in CZK.
16. Final Provisions
These terms and conditions apply as stated on the website of the Seller, on the day of closing of the purchase contract. The purchase order of the consumer is, after its confirmation, archived as a Contract between Buyer and Seller for the purpose of its fulfilment and other evidence and its state is accessible to the Buyer. The contract can be concluded in Czech or in other languages, if this does not result in the impossibility of its conclusion. By the purchase, the customer agrees to receive commercial communications.
These conditions allow consumers to archive and reproduce them. At the moment of conclusion of the purchase contract, the Buyer accepts all provisions of the conditions in force at the date of dispatch of orders, including the price of ordered goods specified in the order confirmation, unless in a particular case clearly states otherwise.
These BusinessConditions become effective on August 1, 2015