General Terms and Conditions

TERMS AND CONDITIONS

online shop Bontonland.cz

Effective from: 11 April 2023

These Terms and Conditions (hereinafter referred to as "Terms and Conditions") regulate, in accordance with Section 1751(1) of Act 89/2012 Coll., the Civil Code, as amended, the mutual rights and obligations between you as the buyer (or user) and us as the seller. Please read these terms and conditions carefully before using the online shop www.bontonland.cz; by clicking on registration you agree to these terms and conditions, which become legally binding for you.

The operator of the online shop www.bontonland.cz is SUPRAPHON Entertainment, a.s., with its registered office at Palackého 740/1, 110 00, Prague 1, registered with the Municipal Court in Prague, file No. B/24409, ID No.: 08166820, VAT No.: CZ08166820, account No.: 470950/5500 (hereinafter referred to as the "Seller" or "we").

Through the web interface www.bontonland.cz, the buyer has the option of purchasing the seller's goods (typically CDs, DVDs, LPs, etc.) in an online store (e-shop).

The address of the premises is Musicpoint, Jungmannovo nám. 17, 110 00 Prague 1, mobile: +420 602 414 345, e-mail: prodejna@supraphon.cz

The address for sending goods (address of the online shop) in case of a complaint or withdrawal from the contract is Supraphon Entertainment a.s., Jeremiášova 947/16, 155 00 Prague 13, mobile: +420 601 309 181, e-mail: bontonland@supraphon-entertainment.cz

These terms and conditions do not apply to cases where the buyer is a legal person or a person acting in the course of ordering goods in the course of his business or in the course of his independent exercise of his profession.

The Buyer is aware that the Seller does not provide the technical and software equipment on the Buyer's side or the Internet connection and that all costs associated with this are borne by the Buyer. The Buyer acknowledges that the quality of the service (in particular the speed) may depend to a large extent on the Buyer's technical equipment and how the Buyer connects to the Internet.

CHANGES TO TERMS

These terms are subject to change by the Seller. The current printable version of the Terms and Conditions can be found at: https://www.bontonland.cz/obchodni-podminky/ Please familiarise yourself with the current version of the Terms and Conditions before using the e-shop services. The effective date of the current version of the Terms is indicated in the header of this page. This is without prejudice to the rights and obligations arising during the period of validity of the previous version of the Terms. If you do not agree with the current version of the Terms, do not use the services and purchase on the e-shop.

INTELLECTUAL PROPERTY PROTECTION

Goods sold by the buyer through the e-shop ("Goods") are usually sound or sound-image or image recordings (or reproductions thereof) of musical or audiovisual works (including accompanying materials) and other items protected under the Copyright Act and other intellectual property protection regulations.

The Seller is authorized to sell the Goods within the e-shop on the basis of contractual relationships with rights holders and collective administrators.

The Buyer is entitled to use the purchased Goods exclusively for his/her own personal use. The Buyer is not entitled to copy the Goods or any part thereof in any form beyond his/her personal use and is not entitled to make them available to other persons. The Buyer is not entitled to use the Goods for any economic benefit or business (without further license).

The Buyer is not entitled to alter or modify the Goods in any way or use them to create another creation, except in cases where the modification is of a technical nature necessary for the use of the Goods for personal use in accordance with these Terms.

Registered and unregistered trademarks, trade names and other signs mentioned in the use of the e-shop and the Goods and/or forming part of the Goods are the property of the Seller or its contractual partners and may not be reproduced or imitated in any way.

The Buyer agrees not to attempt to remove, alter or circumvent the technical means of protection of the Goods or the information identifying the rights to the Goods.

The Buyer agrees not to attempt to gain access to the Goods except in accordance with these terms and conditions.

The Buyer acknowledges that any act violating the above prohibitions is an infringement of intellectual property rights, punishable by law. It is also grounds for immediate termination of access to the e-shop (withdrawal) by the Seller.

AGE LIMITATION

Buyers under the age of 18 should have the consent of their legal guardians to use the e-shop.

REGISTRATION AND DATA PROTECTION

Before using the e-shop, the buyer may, at his/her own choice, register as a user. When registering, the buyer is obliged to enter all data truthfully and completely, including optional data if he chooses to enter it. By registering, a so-called user account is created. In the event of a change in any of the entered data, the buyer undertakes to enter this change immediately into his user account. The above applies equally when making a payment for using the e-shop. Access to the user account is secured by an e-mail address and password. This e-mail address will be used for communication between the Seller and the Buyer. The Buyer agrees to the use of remote means of communication for the conclusion of contracts. The Buyer is obliged to maintain confidentiality and protect from disclosure the following data allowing access to his user account and must not allow the use of his user account by another person. The Buyer acknowledges that the Seller shall not be liable for the consequences associated with a breach of this obligation.

The buyer has the right to cancel his user account at any time. The Seller has the right to cancel the user's account if the Buyer violates the terms and conditions or if the Buyer does not use the e-shop for more than 12 months.

By registering, the buyer agrees to the processing of his/her personal data entered during registration and payment, in particular to their storage in the database of registered users and their use for the purpose of offering or using the e-shop and delivery of the Goods.

The Seller will not pass on the personal data of the Buyers to any other person. An exception is made for external carriers, to whom the personal data of the Buyers are transferred to the minimum extent necessary for the delivery of the Goods. Individual contracts are archived after their conclusion by the Seller, in electronic form and are accessible only to the Seller.

The Seller does not collect any personal data that could identify a specific person, except when the person himself voluntarily provides the Seller with such data. Such data may be obtained when a person voluntarily registers to use the Seller's server services, participates in a survey, participates in a poll, etc. Any personal information identifying a specific person will not be passed on or sold to a third party, unless the user is specifically notified and consents at the time of data collection.

The Seller reserves the right to conduct analyses of user behavior on its website. These analyses include, for example, measuring traffic, the number of users who have viewed an advertising banner and the number of clicks on an individual banner. This data is available
also to individual advertisers, always as a statistical overview and not by name. Users should also note that the data they voluntarily provide to the discussion
forums or other automatically generated pages may be used by third parties. However, such use of personal information cannot be controlled and the Seller cannot and will not be held liable.                                                                                                          .

At the Buyer's request, the Seller will take all steps to remove all of the Buyer's personal information from the Seller's database.

Cookies

We use cookies and comparable technologies on this website that are offered either by us or by third parties.

Cookies are small text files that are stored on your device via your browser. Cookies are not used to execute programs or download viruses to your computer. Comparable technologies are in particular Web Storage (Local/Session Storage), fingerprints, tags (markers) or pixels. Some cookies remain on your computer for a certain period of time and allow us to recognize your computer the next time you visit (persistent cookies). Our partners are not allowed to collect, process or use data through our website using cookies.

Most browsers accept cookies and comparable technologies by default. However, you can usually adjust your browser settings so that cookies or comparable technologies are only rejected or stored with prior consent. You can also independently approve or disable temporary or saved cookies in the security settings. If you deactivate cookies, you may not be able to use certain functions on our website, some web pages may not be displayed correctly and, if applicable, all of our offers may not work perfectly. For example, temporary cookies must be enabled in order for you to be able to use our website fully. The data stored in our cookies is not linked to your personal data (name, address, etc.). We will not link the data stored in our cookies to your personal data (name, address, etc.) without your explicit consent.

You can delete the cookies you have set yourself at any time by opening the relevant menu item in your internet browser or by deleting the cookies on your hard drive. Please refer to the help menu of your internet browser for details. Session cookies will be deleted again when you leave the website and are only used here to enable user-friendly navigation on the website and loading of content and to record statistical data.

The necessary tools

The necessary tools are used to enable the basic functions of our website, such as the shopping cart or logging into your customer account. Without the necessary tools, we cannot provide the services of our website.

Analytical tools

Analytics tools are used to collect statistical data and analyse user behaviour for which access data is evaluated during your visit. For example, we analyse the search terms entered, the frequency of page views or the use of certain page features. Using this evaluation, we can optimize our website and improve your experience.

Marketing tools

Marketing tools are used to deliver personalised ads or recommend interesting products using user profiles. Access data is evaluated for the purpose of serving ads on our website and ads from other providers that correspond to your relevant needs and preferences. To make this possible, we also use "retargeting" and measure the level of success (conversion) of our advertising campaigns. Marketing tools include social media account login, social media plug-ins, and integrated external media such as videos, maps or rating systems.

You can withdraw or modify your consent to the use of cookies by clicking on the buttons

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In case of any suggestions, questions or uncertainties in connection with the processing of personal data, including complaints, you can contact the Seller at bontonland@supraphon-entertainment.cz.

In case of doubts about compliance with the obligations related to the processing of personal data of the buyer, it is also possible to contact the Office for Personal Data Protection, located at Pplk. Sochora 27, 170 00 Prague 7, email: posta@uoou.cz, website: https://www.uoou.cz.

CONCLUSION OF THE PURCHASE CONTRACT AND DELIVERY OF THE GOODS

These conditions form part of the purchase contract between the seller on the one hand and the individual buyers on the other hand.

The Buyer specifies the Goods to be purchased from the Goods offered in the e-shop; however, this offer is only an invitation to contract and does not guarantee the availability of the Goods offered. The Purchase Contract is only concluded upon confirmation (acceptance) of the order by the Seller to the Buyer's email address specified in the user account. Before confirming the order, the Buyer has the opportunity to get acquainted on the web interface with information about the Goods, including the prices of individual Goods (including all taxes, fees and other similar monetary benefits), the method of payment of the purchase price of the Goods, the method and time of delivery of the Goods and the costs associated with packaging and delivery of the Goods. Submission of an order, i.e. confirmation of the "Order commits to payment" button, obliges the Buyer to take delivery of the Goods and pay the purchase price and related financial performance as per the order.

The Seller undertakes to hand over the Goods to the Buyer and transfer the ownership of the Goods to the Buyer. The Buyer acquires the ownership right to the Goods only upon full payment of the purchase price, including value added tax and including shipping costs and postage, if he is obliged to pay them.

The goods are dispatched or ready for the buyer usually within 3 working days from the date of order confirmation. If the Goods are not in stock, the Seller will inform the Buyer without undue delay.

Delivery means in these terms and conditions allowing the disposition of the Goods to the Buyer. The Goods may be delivered to the Buyer in the following ways:

• sending via the Czech Post by Parcel in Hand service
• The price for shipping is listed on this page.

Shipping costs and postage are paid by the buyer.

Upon receipt of the Goods from the carrier, the Buyer is obliged to check the integrity of the packaging of the Goods and in case of defects immediately inform the carrier.

Incomplete or damaged shipments must be reported immediately to bontonland@supraphon-entertainment.cz. In the case of a damaged shipment, a damage report must be drawn up with the carrier and sent to the seller immediately.

WITHDRAWAL OF THE BUYER FROM THE PURCHASE CONTRACT, RETURN AND EXCHANGE OF GOODS AND OTHER INFORMATION FOR THE BUYER

The Buyer has the right to withdraw from the Purchase Contract without any reason and without any penalty within 14 days from the date of receipt of the Goods. In order to comply with the deadline for withdrawal from the purchase contract, it is sufficient to send a notice of exercise of the right to withdraw from the purchase contract within the deadline. By withdrawing from the contract, the contract is cancelled from the outset. The Purchaser acknowledges that, according to Section 1837 of the Civil Code, the Purchase Contract for the delivery of an audio or video recording in sealed packaging cannot be withdrawn from if the Purchaser has breached it.

The Seller is entitled to refuse performance (refund of the purchase price) until the Buyer fulfils his obligation to return the received Goods or the Buyer proves that he has sent the Goods back.

Buyer's procedure for withdrawal from the contract:

•  send a letter (in written form to the Seller's address or in electronic form to bontonland@supraphon-entertainment.cz) with information about your intention to withdraw from the purchase contract (i.e. "I hereby withdraw from the purchase contract...") or personally bring the letter to the shop, preferably with the purchase contract number (invoice number), your bank account number (if you request a refund of the purchase price paid on account, otherwise please provide your address for the refund of the purchase price paid by bank transfer), the date and your signature,
• The goods must be delivered to SUPRAPHON Entertainment a.s., Jeremiášova 947/16, Prague 13, Postal Code 15500 within 14 days of the withdrawal. Please indicate Complaints Bontonland.cz in the subject line. Please enclose a copy of the above letter; Goods sent back to the Seller's address should be in their original undamaged packaging, unpacked, without signs of use, must be undamaged and complete, preferably together with a copy of the proof of payment; Goods must not be sent on delivery (in which case they will not be collected); we recommend that you insure the Goods; Goods can also be delivered in person within the same period of time to the store, where they will be returned to the address of the online store,
• if all of the above conditions for the return of the Goods are met, we will send the money for the Goods or a part thereof (corresponding to the purchase price paid for the Goods reduced by an amount proportional to the wear and tear, or the actual costs incurred in returning the Goods) by bank transfer to the bank account specified by the Buyer or by bank transfer to the address specified by the Buyer, no later than 30 working days after the physical receipt of the Goods,
• in case of failure to meet any of the above mentioned necessary conditions, the Goods will be returned at the Seller's expense; in such case the Seller is entitled to charge the Buyer for any additional costs incurred.
• in case the Goods were delivered to the Buyer free of charge, the Buyer is obliged to return these gifts in case of withdrawal from the contract.

PRICE AND PAYMENT TERMS

The price of the Goods is inclusive of VAT. The Seller may change the price of the Goods; the price quoted by the Seller at the time of sending the order, or the so-called pre-order in the case of titles not yet published or temporarily unavailable, is binding for the Buyer.

Discounts are valid at the time of display on the e-shop and may be valid for a limited time, unlimited time or in the case of Goods limited to stock out, as specified for each Goods. Prices of Goods are not adjusted to the buyer's personality based on automated decision making.

Payment for the ordered Goods can be made in the following ways:

• in cash or by credit card upon personal collection upon delivery of the Goods (in case of purchase in brick-and-mortar stores),
• in cash on delivery of the Goods on delivery (cash is taken by the carrier's employee),
• by bank transfer
• payment/credit card transactions
• other payment methods listed in the payment section

In the case of non-cash payment, the buyer's obligation to pay the purchase price is fulfilled at the moment of crediting the relevant amount to the seller's account.

The Seller undertakes to issue a tax document to the Buyer for the paid price of the service or the price of the Goods, based on the Buyer's request. The Buyer agrees to send tax documents electronically.

E-SHOP OFFER AND SERVICE AVAILABILITY

The Seller decides which Goods will be offered within the e-shop offer and the price of the Goods. The Buyer shall have no claim arising from a reduction in the Goods offered or a change in the price of the Goods. The Buyer acknowledges the possible temporary unavailability of the e-shop due to necessary maintenance of the website or to comply with the instructions of the rights holders. The Seller shall have the right to decide at any time to terminate the operation of the e-shop.

It is the Seller's priority interest to maintain the full functionality of the website on which the e-shop is operated, to improve and expand its functions and to create a user-friendly environment. However, the Seller shall not be liable for any defects in the service ordered by the user or delay in delivery of the Goods resulting from the intervention of another person in the e-shop website or user account or as a result of the use of the e-shop or user account in violation of these terms and conditions and their purpose, and in the event of malfunctions in the functionality of the Buyer's data network, public data network, hardware or software equipment of the Buyer, or for indirect damage caused thereby, such as loss of Buyer's data, etc. In exceptional cases, the website may be temporarily unavailable due to necessary hardware or software maintenance.

The Buyers Helpdesk and its terms and conditions are available at: https://www.bontonland.cz/kontakt/

Orders can be placed 7 days a week, 24 hours a day via the e-shop at www.bontonland.cz. Goods are dispatched only on working days. The opening hours of each branch are published in the description of each branch on the Shop page.

Working hours of the e-shop are - working days from 8:00 - 16:30.

ADVERTISING REGULATIONS

The Seller provides a warranty for its Goods to the Buyer for a period of 24 months from receipt of the Goods by the Buyer. If a defect manifests itself within one year of receipt, the item shall be deemed to have been defective upon receipt, unless the nature of the item or the defect precludes it. This period does not run for the time during which the buyer cannot use the item, if he has rightly pointed out the defect. The certificate of purchase of the Goods issued to the Buyer shall serve as the warranty certificate.

If defects occur during the warranty period, the Buyer is entitled to claim from the Seller for free removal of the defect or replacement of the Goods.  If it is not possible to remove the defect or supply replacement Goods, the Buyer may demand a reasonable discount on the purchase price or withdraw from the contract to the extent of the defective performance.

The warranty does not cover defects caused by violent impact on the Goods (impact, fall, water, etc.), wear and tear of the Goods caused by their normal use, etc. For discounted Goods, the warranty does not cover defects for which the Goods have been discounted. The warranty cannot be invoked for damages resulting from unprofessional modification and for damages caused by natural elements or force majeure.

The place to file a claim is the Musicpoint store at Jungmannovo nám. 17, 110 00 Prague 1, during business hours: Mon - Fri: 10:00 - 19:00, Sat: 10:00 - 15:00, Sun - closed. Complained Goods can also be sent to the address of the Seller's warehouse by shipping service (such Goods must not be sent on delivery, should be insured, the shipment should also contain a copy of the purchase receipt and a description of the defect or reason for the complaint). The address of the warehouse is Supraphon Entertainment a.s., Jeremiášova 947/16, Prague 13, Postal Code 15500. Please put Complaints Bontonland.cz in the address.

Transportation of the claimed Goods in the event that the Buyer does not claim in person is paid by the Buyer. In the event of a justified claim, the Buyer is entitled to compensation for the reasonable costs of transport of the claimed Goods. If the Buyer fails to exercise the right to compensation within one month after the expiry of the period within which the defect must be complained of, the Seller's objection that the right was not exercised in time shall apply.

Incomplete or damaged shipments must be reported immediately to bontonland@supraphon-entertainment.cz. In the case of a damaged shipment, a damage report must be drawn up with the carrier and sent to the seller immediately.

You can find the contact details for the customer service department here. Customer service phone number: +420 601 309 181.

After filing a claim, the seller shall issue the buyer with a written confirmation of when the buyer exercised his right, what is the content of the claim and what method of handling the claim the buyer requires. The Seller shall also issue the Buyer with a confirmation of the date and method of settlement of the claim and, in the case of rejection of the claim, the reasons for the rejection. If the Buyer has made a claim in person, he is obliged to collect the Goods; after one month from the notification of the claim settlement, the Buyer is obliged to pay a storage fee of CZK 100 per week, payable monthly in arrears.

FINAL PROVISIONS

The Buyer acknowledges that the Seller is not obliged to enter into a Purchase Agreement, in particular with a person who has violated the Terms and Conditions in the past, or who has violated intellectual property rights in the past or there is such a reasonable suspicion (e.g. due to the identity of the IP address). For this purpose, the seller is entitled to cancel or temporarily block the user account.

The Buyer agrees to the use of remote means of communication in concluding the Purchase Agreement and in paying the price for the Goods. Costs incurred by the Buyer when using remote means of communication in connection with the conclusion of the purchase contract and the use of the e-shop services shall be borne by the Buyer.

The Seller has the right to withdraw from the Purchase Contract if the Buyer fails to pay the price of the Goods properly and on time. In the event of cancellation of the Purchase Contract, the Buyer is obliged to return the Goods in the same manner as in the event of cancellation.

These Terms and Conditions and all contracts concluded pursuant to them shall be governed by Czech law (with the exception of conflict of laws rules) excluding the application of the provisions of the United Nations Convention on Contracts for the International Sale of Goods negotiated in Vienna on 11 April 1980. This also applies to contractual relations with a foreign element. For disputes arising in connection with a contract for the provision of services, the exclusive jurisdiction of the Czech courts is agreed. The Czech Trade Inspection Authority (Česká obchodní inspekce), with registered office at Štěpánská 567/15, 120 00 Prague 2, ID No: 000 20 869, internet address: //www.coi.cz, is competent for the out-of-court settlement of consumer disputes arising from a purchase contract.

The purchase contract is concluded exclusively in Czech. The Purchase Contract will not be drawn up in paper form and will not be stored with the Seller and the Seller will not allow the Buyer access to the Contract, therefore the Buyer is advised to keep the concluded Purchase Contract, i.e. the confirmed order and these Terms and Conditions.

The original of the Terms and Conditions is kept at the Seller's registered office. The Seller is obliged to allow the Buyer to inspect the original of the Conditions and to make a copy of them at his own expense.

The Buyer is obliged to keep his contact details up to date until all his obligations under the Purchase Agreement have been fulfilled.

These terms and conditions come into force on the date of publication and apply to purchase contracts or contracts for the provision of services concluded at the time of their effectiveness. Previous versions of the Terms and Conditions are available on the Seller's website.

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