Terms and Conditions

INTRODUCTORY PROVISIONS

1.1. The present Terms and Conditions (hereinafter referred to as the “Terms and Conditions”) of Beetlecrab s.r.o., with its registered office at Folimance 2155/15, Vinohrady, 120 00 Praha 2, ID No.: 07768354, listed in the Commercial Register maintained by the Municipal Court in Prague, under File No. C 307269 (hereinafter referred to as the “Seller”) regulate, in accordance with Section 1751(1) of Act No. 89/2012 Coll., Civil Code, as amended (hereinafter referred to as the “Civil Code“), the mutual rights and obligations of the contracting parties arising in connection with, or on the basis of, a purchase contract (hereinafter referred to as “Purchase Contract”) to be entered into between the Seller and a natural person who enters into the contract outside its entrepreneurial activity and outside the independent pursuit of a profession (hereinafter referred to as the “Buyer”) via the Seller's e-shop. The e-shop is operated by the Seller at a website at beetlecrab.audio (hereinafter referred to as the “Website”) via the Website's interface (hereinafter referred to as the “E-shop Website”).

1.2. The provisions under the present Terms and Conditions form an integral part of the Purchase Contract. The Purchase Contract is entered into in the English language. The Terms and Conditions have been drawn up in the Czech and English languages. In the event of any discrepancy between the Czech and the English versions of the Terms and Conditions, the Czech version shall prevail.

1.3. The Seller may change or add to the wording of the Terms and Conditions. This provision is without prejudice to any rights and obligations existing during the effective term of the previous version of the Terms and Conditions.

FORMATION OF A PURCHASE CONTRACT

1.4. All goods presented at the E-shop Website are for information only and the Seller is under no obligation to enter into a Purchase Contract in relation to such goods. The provision under Section 1732(2) of the Civil Code shall not apply.

1.5. The E-shop Website contains information on the goods, including the prices of individual items, indicating the currency in which the prices are given, and the cost of returning the goods where the latter, due to their very nature, cannot be returned by regular mail. The prices of the goods include VAT and all related charges. The prices apply as long as they are displayed at the E-shop Website. This provision is not intended to restrict the Seller's ability to enter into a Purchase Contract under terms and conditions agreed upon on an individual basis.

1.6. The E-shop Website also contains information on the costs associated with the packaging and delivery of the goods.

1.7. To order the goods, the Buyer must fill in the order form provided at the E-shop Website. The order form contains information on:

a) the ordered goods (the Buyer shall “place” the ordered goods in an electronic cart at the E-shop Website),

b) method of payment of the purchase price for the goods, required mode of delivery of the ordered goods, delivery address,

c) costs associated with the goods delivery (hereinafter referred to collectively as the “Order”).

1.8. Before submitting their Order, the Buyer shall be provided with an opportunity to check and revise the data they entered in the Order, including with regard to the Buyer's option to check and correct any errors that have occurred during the process of entering the data in the order. The Buyer shall submit their Order by clicking the “Order” button. The Seller shall assume the information provided in the Order is correct and complete. The Seller shall immediately confirm receipt of the Order by sending an e-mail to the Buyer's e-mail address indicated in the Order (hereinafter referred to as the “Buyer's E-mail Address”).

1.9. When ordering goods, the Buyer is required to ensure all data provided is correct and true and update the data where necessary. The Seller shall assume the information provided by the Buyer during the process of ordering the goods is correct.

1.10. Depending on the nature of the Order (quantity of goods, purchase price, estimated shipping costs), the Seller shall at all times have the right to demand additional order confirmation from the Buyer (for example in writing, or over the phone).

1.11. The contractual relationship between the Seller and the Buyer shall be established upon receipt of order acceptance which the Seller shall send to the Buyer by e-mail to the the Buyer's e-mail address.

1.12. The Buyer consents to using remote communication means during the process of forming a Purchase Contract. The costs incurred by the Buyer in connection with using such remote communication means during the process of forming a Purchase Contract (Internet charges, phone charges) shall be borne by the Buyer in their entirety, provided that the costs may not differ from the basic rate.

PRICE OF THE GOODS AND TERMS OF PAYMENT

1.13. Along with the purchase price to be paid, the Buyer shall compensate the Seller for any expenses connected with the packaging and delivery of the goods at the agreed amount. Unless otherwise specified, “purchase price” shall also include any costs related to delivery of the goods.

1.14. The provision under Section 2119(1) of the Civil Code shall not apply.

1.15. Any discounts from the purchase price to be provided by the Seller to the Buyer cannot be combined.

1.16. The Seller shall issue to the Buyer a fiscal receipt/invoice in respect of the payments to be made under the Purchase Contract. The Seller is not a Value Added Tax payer. The Seller shall issue the fiscal receipt/invoice to the Buyer after the price for the goods is paid and send the same in electronic format to the Buyer's e-mail address.

WITHDRAWAL FROM THE PURCHASE CONTRACT

1.17. The Buyer understands that pursuant to Section 1837 of the Civil Code, it is not possible to withdraw from the Purchase Contract, inter alia, in respect of any goods that have been modified at the Buyer's request.

1.18. Except as provided for under Article 1.17 of the Terms and Condition, and with the exception of other cases where it is impossible to withdraw from a Purchase Contract, the Buyer may withdraw from a Purchase Contract in accordance with Section 1829(1) of the Civil Code within fourteen (14) days of the date of acceptance of the goods provided that where the Order involves several types of goods or several component sub-deliveries, the aforementioned time limit shall commence on the day the last goods delivery is received. A notice of withdrawal from a Purchase Contract must be sent to the Seller within the time limit referred to under the previous sentence. The Buyer may use the sample form provided by the Seller, appended as an annex to the present Terms and Conditions, when submitting a notice of withdrawal from a Purchase Contract. The Buyer is not obliged to indicate reasons for withdrawing from the Purchase Contract. The Buyer shall send the notice of withdrawal from the Purchase Contract to the Seller's e-mail address orders@beetlecrab.audio.

1.19. In the event of withdrawal from the Purchase Contract pursuant to Article 1.18 of the Terms and Conditions, the Purchase Contract shall be rescinded from the very onset. The Buyer shall be required to return the goods to the Seller within fourteen (14) days of receipt of the notice of withdrawal by the Seller to the following address: Na Folimance 2155/15, Vinohrady, 120 00 Praha 2. If the Buyer withdraws from the Purchase Contract, the Buyer shall bear the costs of returning the goods to the Seller, including where, due to their very nature, the goods cannot be returned by regular mail.

1.20. In the event of withdrawal from a Purchase Contract pursuant to Art. 1.18 of the Terms and Conditions, the Seller shall return the funds received from the Buyer within 14 (fourteen) days of the Buyer's withdrawal from the Purchase Contract using the same channel, through which the Seller received them from the Buyer. If the Buyer withdraws from a Purchase Agreement, the Seller shall not be required to return to the Buyer the funds received from them before the Buyer returns the goods to the Seller or provides evidence that the goods have been sent to the Seller.

1.21. The Seller has the right to unilaterally match their claim to compensation for any damage to the goods against the Buyer's claim to refund of the purchase price.

1.22. In the cases where, in accordance with Section 1829(1) of the Civil Code, the Buyer has the right to withdraw from a Purchase Contract, the Seller shall also have the right to withdraw from a Purchase Contract at any time up to the point of the Buyer accepting the goods. In such case, the Seller shall promptly refund to the Buyer the purchase price by wire transfer to the account indicated by the Buyer.

1.23. At the same time, the Seller brings the Buyer's attention to the fact that no contract shall be deemed to have been formed if there are legitimate doubts regarding the Buyer's actual identity or if information on the goods or the price thereof are clearly flawed.

TRANSPORT AND DELIVERY OF THE GOODS

1.24. In the event that the contracting parties agree on a specific method of transport based on a special request from the Buyer, the Buyer shall bear the risk and any additional costs associated with such method of transport.

1.25. If, in accordance with a Purchase Contract, the Seller is obliged to deliver the goods to a location designated by the Buyer in the Order, the Buyer shall be obliged to accept the goods upon delivery.

1.26. If, for reasons on the part of the Buyer, the goods must be delivered repeatedly or using other channels than those specified in the Order, the Buyer shall be obliged to bear the costs connected with such repeated delivery attempts or such different delivery channels.

1.27. The Buyer shall check the integrity of the packaging of the goods upon acceptance thereof from the carrier and immediately inform the carrier if any defects are discovered. If the integrity of the packaging has been compromised, with the consignment showing signs of having been tempered with, the Buyer is not obliged to accept the consignment from the carrier.

1.28. If the Buyer unreasonably withholds acceptance of the goods, the Seller has the right to withdraw from the Purchase Contract.

DEFECT LIABILITY CLAIMS

1.29. The rights and obligations of the contracting parties relating to defective performance shall be governed by the applicable generally binding legal regulations (in particular by the provisions of Sections 1914 to 1925, Sections 2099 to 2117 and Sections 2161 to 2174 of the Civil Code and Act No. 634/1992 Coll., on consumer protection, as amended).

1.30. The Buyer shall notify the Seller in advance of their intention to exercise their defect liability claims at the Seller's e-mail address orders@beetlecrab.audio with a view to ensuring smooth takeover of the goods, in respect of which the Buyer exercises their defect liability claims. The Seller shall inform the Buyer without undue delay of the address to which the Buyer should send the claimed goods.

1.31. The Seller shall be liable to the Buyer for ensuring the goods are free from any defects at acceptance. In particular, the Seller is liable to the Buyer for ensuring that at the time of the Buyer accepting them:

a) the goods have the properties the contracting parties have agreed upon, and in the absence of such agreement, the goods have the properties described by the Seller or the manufacturer, or such properties the Buyer has expected with regard to the nature of the goods and the advertising put up by the Seller,

b) the goods are suited to the purpose of use as indicated by the Seller, or to the purpose the concerned type of goods normally serve,

c) the goods are supplied in the corresponding quantity, size or weight and

d) the goods comply with the applicable statutory requirements.

1.32. The provisions under Art. 1.31 of the Terms and Conditions shall not apply to goods sold at a reduced price due to a defect, for which the parties have agreed on a reduced price, or due to wear-and-tear caused by regular use of the goods, or, for used goods, due to a defect corresponding to the level of use and wear-and-tear, which the goods exhibited upon receipt by the Buyer, or if the inapplicability is implied by the nature of the goods.

1.33. The Seller shall not be obliged to comply with the Buyer's defect liability claim if they can prove that the Buyer knew of the defect before accepting the goods, or has caused the defect themselves.

1.34. The Buyer may apply their statutory defect liability claims within twenty-four (24) months of accepting the goods.

1.35. For a defect that constitutes a substantial breach of contract within the meaning of Section 2106 of Act No. 89/2012 Coll., the Buyer has the right to

a) demand that the defect be removed through the supply of a replacement item that is free of defects, or through the supply of any missing items,

b) demand that defect by removed by repair,

c) demand a reasonable discount from the purchase price, or

d) withdraw from the Contract.

Once made, the Buyer's choice may not be changed without the Seller's consent.

1.36. For a defect that does not constitute a substantial breach of contract within the meaning of Section 2106 of Act No. 89/2012 Coll., the Buyer has the right to demand

a) removal of the defect, or

b) an adequate discount from the purchase price.

1.37. If a repairable defect reappears after having been removed (a third complaint concerning the same defect or a fourth complaint for different defects) or the goods exhibit multiple defects (at least three defects manifesting themselves at the same time), the Buyer may exercise their right to a discount from the purchase price of the goods, replacement of the goods or withdrawal from the Purchase Contract.

1.38. The Seller is not liable for defects resulting from normal wear-and-tear or non-compliance with the user manual.

OTHER RIGHTS AND OBLIGATIONS OF THE CONTRACTING PARTIES

1.39. The Buyer shall acquire the title to the goods upon payment of the full purchase price.

1.40. In relation to the Buyer, the Seller is not bound by any codes of conduct as defined by Section 1826(1)(e) of the Civil Code.

1.41. Any consumer complaints shall be handled by the Seller at the following e-mail address: orders@beetlecrab.audio. The Seller shall send information on the settlement of the Buyer's complaint to the Buyer's e-mail.

1.42. The Czech Trade Inspection, with its registered office at Štěpánská 567/15, 120 00 Praha 2, ID No.: 000 20 869, Website: adr.coi.cz/cs, shall have the jurisdiction to conduct any out-of-court settlement of consumer disputes resulting from the Purchase Contract. The on-line settlement platform at ec.europa.eu/consumers/odr may be used to settle disputes between the Seller and the Buyer resulting from a Purchase Contract.

1.43. The European Consumer Centre Czech Republic with its registered office at Štěpánská 567/15, 120 00 Prague 2, Website: www.evropskyspotrebitel.cz is a contact point according to Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC (Regulation on consumer ODR)(EC).

1.44. The Buyer hereby accepts the risk of a change of circumstances pursuant to Section 1765(2) of the Civil Code.

PERSONAL DATA PROTECTION

1.45. The Seller shall comply with their information obligation in relation to the Buyer in accordance with Article 13 of Regulation (EC) No 2016/679 of the European Parliament and of the Council on the protection of individuals with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46 / EC (General Data Protection Regulation) (hereinafter referred to as the “GDPR Regulation”) relating to the processing of the Buyer's personal data for the purpose of performance of a Purchase Contract and for the purpose of negotiations relating to a Purchase Contract and for the purpose of complying with the public law obligations, through a separate document.

SENDING COMMERCIAL COMMUNICATIONS AND STORING COOKIES

1.46. Prior to submitting their Order form, the Buyer may consent to the Seller sending commercial communications to their e-mail address. The Buyer has the right to revoke their consent to receiving commercial communications at any time by sending the revocation of their consent to the Seller's e-mail address. Upon receipt of the revocation of the Buyer's consent, the Seller shall stop sending commercial communications to the Buyer's e-mail address without undue delay. The Seller complies with their information obligation vis-a-vis the Buyer within the meaning of Article 13 of the GDPR in relation to the processing of the Buyer's personal data for the purpose of sending commercial communications through a separate document.

1.47. The Buyer consents to so-called cookies being installed in their computer. If purchases at the Website may be conducted, and the Seller's obligations under the Purchase Contract may be met, without cookies being installed in the Buyer's computer, the Buyer may revoke the consent under the preceding sentence at any time.

CORRESPONDENCE

1.48. Correspondence may be sent to the the Buyer at their e-mail address.

FINAL PROVISIONS AND COMMUNICATIONS

1.49. The present Terms and Conditions as well as all any relationships established by virtue hereof shall be governed by Czech law. To the extent that the relationship established by virtue of a Purchase Contract contains an international (foreign) element, the contracting parties have agreed that the relationship shall be governed by Czech law. By choosing the law under the preceding sentence, the Buyer who is a consumer is not deprived of the protection provided to them by the provisions of the law, from which the parties cannot be depart as part of the contractual relationship, and which, in the absence of a choice of law, would otherwise apply under Art. 6(1) of Regulation (EC) No 593/2008 of the European Parliament and of the Council of 17 June 2008 on the law applicable to contractual obligations (Rome I).

1.50. The Czech Trade Inspection (www.coi.cz) oversees compliance with the obligations set out under the Consumer Protection Act (No. 634/1992 Coll.).

1.51. Should any provision of the Terms and Conditions be found to be, or become, invalid or ineffective, the invalid and/or ineffective provision shall be replaced by a provision conveying a meaning that corresponds as closely as possible to the purpose of the replaced provisions. The invalidity or ineffectiveness of one provision is without prejudice of the validity of the other provisions.

1.52. Any Purchase Contract, including the Terms and Conditions, shall be archived by the Seller in electronic format and shall not be accessible.

1.53. A sample notice of withdrawal from a Purchase Contract is affixed hereto as an Annex to the present Terms and Conditions.

1.54. Seller's contact information:

Correspondence address: Beetlecrab s.r.o., Na Folimance 2155/15, Vinohrady, 120 00 Praha 2, Czech Republic

E-mail address: orders@beetlecrab.audio