Operator of the E-shop: DUŠNÍ 3 Concept, s.r.o.
Registered office: Václavské náměstí 2132/47, Nové Město, 110 00 Praha 1
Identification number: 247 94 333
Entry in the Commercial Register: maintained by the Municipal Court in Prague, Section C, Insert 174822
Data box: bhfw9f4
Telephone: +420 602 624 221
E-mail: obchod@voix.cz

A complete list of business premises, including contact details and opening hours, is available here.

2.1 In accordance with § 1751(1) of the Civil Code and the relevant provisions of the Consumer Protection Act, these General Terms and Conditions govern the mutual rights and obligations of the contracting parties arising under a Purchase Contract concluded between the Seller and the Buyer via the Seller’s E-shop and, to the extent permitted by law, shall also apply mutatis mutandis to sales in the Seller’s brick-and-mortar shops.

2.2 Definitions

2.2.1 “E-shop” means the Seller’s online shop on the website https://www.voix.cz/.

2.2.2 “Purchase Contract” means a purchase contract for the purchase of Goods or the provision of a Service concluded between the Seller and the Buyer. The provisions of the Terms and Conditions form an integral part of the purchase contract.

2.2.3 “Buyer” means:

(i) a consumer, i.e. a natural person who is not acting in the course of their business activity or in the course of the independent pursuit of their profession (“Consumer”); and

(ii) an entrepreneur, i.e. a legal or natural person who is acting in the course of their business activity or in the course of the independent pursuit of their profession (“Entrepreneur”). If the Buyer provides their identification number (IČO) in the order, the Buyer shall be deemed an Entrepreneur for the purposes of the Terms and Conditions and the Purchase Contract. The provisions of the Civil Code and the General Terms and Conditions that confer rights exclusively on consumers, as well as the Consumer Protection Act, shall not apply to Entrepreneurs.

2.2.4 “Civil Code” means Act No. 89/2012 Coll., the Civil Code, as amended.

2.2.5 “Terms and Conditions” means the Seller’s terms and conditions, which consist of the General Terms and Conditions and the privacy policy published on the E-shop.

2.2.6 “Seller” means DUŠNÍ 3 Concept, s.r.o., with its registered office at Václavské náměstí 2132/47, Nové Město, 110 00 Praha 1, IČO: 247 94 333, registered in the Commercial Register maintained by the Municipal Court in Prague, Section C, Insert 174822.

2.2.7 “Service” means any service provided by the Seller to the Buyer, whether separately or together with Goods; it also includes the service of precisely adjusting the picture parameters of display equipment (picture calibration).

2.2.8 “General Terms and Conditions” means these general terms and conditions of the Seller.

2.2.9 “Consumer Protection Act” means Act No. 634/1992 Coll., on Consumer Protection, as amended.

2.2.10 “Goods” means any movable item (including a digital licence) offered by the Seller on the E-shop.

2.3 By submitting an order, the Buyer confirms that they have read the Seller’s Terms and Conditions, i.e. these General Terms and Conditions and the privacy policy published on the E-shop, and confirms that they agree with them.

2.4 Deviating arrangements in the Purchase Contract shall prevail over the provisions of the Terms and Conditions.

2.5 Rights and obligations not expressly governed by these General Terms and Conditions shall be governed by the provisions of the relevant legislation, in particular the Civil Code.

2.6 The Seller reserves the right to amend or supplement the Terms and Conditions. However, any amendment or supplement to the Terms and Conditions shall not affect rights and obligations arising during the effective period of the previous version of the Terms and Conditions.

3.1 By registering on the E-shop, the Buyer may set up a customer account which the Buyer may access. The Buyer may also order Goods from their customer account.

3.2 When registering for a customer account and when ordering Goods, the Buyer is obliged to provide all of their personal data correctly and truthfully. The Buyer is obliged to update all data stated in the customer account without undue delay upon any change thereto. The data provided by the Buyer in the customer account and when ordering Goods shall be deemed correct and up to date.

3.3 Access to the customer account is secured by a username and password. The Buyer is obliged to protect their customer account access credentials. The Seller shall not be liable for any misuse of the customer account by third parties.

3.4 The Seller may cancel the Buyer’s customer account, in particular where the Buyer has not used their customer account for an extended period or where the Buyer breaches their obligations under the Purchase Contract or these General Terms and Conditions.

3.5 The Buyer acknowledges that the customer account may not be available continuously, in particular in view of necessary maintenance of the Seller’s hardware and software, or necessary maintenance of the hardware and software of third parties, or for other similar reasons.

4.1 Under a concluded Purchase Contract, the Seller undertakes to deliver to the Buyer the Goods (or to grant the Buyer a licence or provide a Service) which are the subject of the purchase and to enable the Buyer to acquire ownership thereof. The Buyer undertakes to take delivery of the Goods and to pay the agreed purchase price for them.

4.2 Information about the Goods

4.2.1 All presentation of Goods in the E-shop interface is for information purposes only and does not constitute an offer to conclude a Purchase Contract or a proposal to supply Goods within the meaning of § 1732 of the Civil Code. The Seller is therefore not obliged to conclude a Purchase Contract in respect of such Goods.

4.2.2 The E-shop interface contains information about the Goods, including the prices of individual Goods and the costs of delivery. Prices stated on the E-shop include value added tax (VAT) and all related charges.

4.2.3 Given the dynamic nature of the prices of Goods, the price of Goods may change even in the basket until the moment the Buyer submits the order.

4.2.4 The prices of Goods are not personalised to the Buyer on the basis of automated decision-making.

4.2.5 The total price always includes the costs of packaging and delivery of the Goods, based on the selection made by the Buyer according to the current offer available when creating the order.

4.2.6 The Buyer may set the display of products on the E-shop in particular according to the following parameters: price (lowest first / highest first), name (alphabetically) and filters set by the Buyer (e.g. brand, colour or other product characteristics). The Buyer may change the sort order at any time by selecting the relevant option in the E-shop interface.

4.3 Order and conclusion of the Purchase Contract

4.3.1 The Buyer creates an order in the online interface of the E-shop. The order is created by clicking the “ORDER with obligation to pay” button in the final step of selecting the Goods.

4.3.2 Until the order is submitted, the Buyer may change the contact details and the quantity of the Goods ordered, remove Goods from and add Goods to the order, or change the method of delivery and payment.

4.3.3 A duly completed and submitted order created by the Buyer via the E-shop constitutes a proposal to conclude a Purchase Contract.

4.3.4 Upon receipt of the order from the Buyer, the Seller shall send the Buyer an automatically generated message informing the Buyer that the Buyer’s order has been received. However, this message does not constitute acceptance of the proposal to conclude a Purchase Contract and, therefore, the Purchase Contract is not concluded at that moment.

4.3.5 The Purchase Contract is concluded only at the moment when the Seller delivers to the Buyer a confirmation that it has approved the order. Sending a tax document relating to the order to the Buyer shall also be deemed approval of the order. For the avoidance of doubt, however, sending a pro forma invoice to the Buyer does not constitute approval of the order by the Seller.

4.3.6 The Seller may also approve the order by sending the Buyer a message informing the Buyer that:

(i) the Goods are ready for collection at the Seller’s business premises;

(ii) the Goods have been or will be handed over to a carrier for delivery to the Buyer; or

(iii) the Service will be provided at the agreed place and time.

4.3.7 The Seller reserves the right not to approve or to cancel an order and not to conclude a Purchase Contract for any commercial or operational reason or for other reasons set out in these General Terms and Conditions which entitle the Seller to withdraw from the Purchase Contract. The Seller shall inform the Buyer of the non-approval or cancellation of the order in an appropriate manner (for example by sending a notice of cancellation of the order or other notification from which the Seller’s intention not to approve or to cancel the order and not to conclude the Purchase Contract is apparent).

4.3.8 The Buyer agrees to the use of means of distance communication when concluding the Purchase Contract. All costs incurred by the Buyer in connection with concluding the Purchase Contract in this manner (for example costs of internet connection and telephone calls) shall be borne by the Buyer.

4.4 Goods to order

Where the Buyer orders Goods marked on the E-shop as “To order”, “At supplier” or in another similar manner, the Seller shall inform the Buyer of the expected delivery date of the Goods. The Seller reserves the right to change the delivery date, including repeatedly, depending on the circumstances of the particular case.

4.5 Reservations and pre-orders

4.5.1 In the case of Goods for which the Seller allows a reservation or pre-order, the Buyer may express their non-binding interest in such Goods via the E-shop.

4.5.2 Neither a reservation nor a pre-order of Goods constitutes a binding order for the Goods concerned, nor does it constitute a proposal by the Buyer to conclude a future purchase contract.

4.5.3 The Seller is unable to influence the delivery date of Goods offered by way of reservation or pre-order, or whether such Goods will become available in the future. The Seller shall in no way be liable to the Buyer for the delivery of such Goods.

4.5.4 As soon as the Goods in which the Buyer has expressed interest become available, the Seller shall inform the Buyer thereof and enable the Buyer to create a binding order for the Goods concerned.

4.5.5 Where a price is stated for Goods offered by way of reservation or pre-order, the price of such Goods is only provisional. The final price of the Goods may therefore differ.

4.6 Refund of funds where the Purchase Contract is not concluded

If the Seller has received funds from the Buyer and the Purchase Contract is subsequently not concluded for any reason (e.g. because the Seller does not approve the order or the Buyer cancels the order), the Seller shall refund the funds received to the Buyer without undue delay, using the same method by which it received them.

5.1 The Buyer undertakes to pay the Seller the purchase price of the Goods. Together with it, the Buyer is also obliged to pay the agreed costs associated with the delivery of the Goods and any charges for the chosen payment method (e.g. cash on delivery). Unless the context expressly indicates otherwise, the term purchase price in these General Terms and Conditions shall also include these related delivery and payment costs.

5.2 The Buyer may pay the purchase price and all costs associated with the delivery of the Goods using the methods available on the Seller’s website.

5.3 The Seller reserves the right to exclude certain payment methods in individual cases.

5.4 For selected Goods, the Seller may require payment in advance, including in the form of a deposit. This is usually stated directly in the Goods details on the E-shop, or may follow from the order creation process where the Seller allows the Buyer to pay the purchase price only by certain methods.

5.5 The Seller is not obliged to deliver the Goods to the Buyer before the purchase price has been paid in full, unless otherwise agreed in the Purchase Contract (for example in the case of delivery of Goods cash on delivery). The provision of § 2119 of the Civil Code shall not apply.

5.6 In the case of payment upon personal collection of the Goods (in particular at the business premises or cash on delivery), the purchase price is payable upon receipt of the Goods. In other cases, the purchase price is payable within 3 business days of the moment the order is placed.

5.7 If the Buyer chooses to pay online via a payment gateway, the transaction shall be governed by the instructions of the relevant payment service provider.

5.8 In the case of all cashless payments, the Buyer’s obligation to pay the purchase price is fulfilled only at the moment the relevant amount is credited to the Seller’s bank account.

5.9 The tax document (invoice) for the purchased Goods shall be provided to the Buyer exclusively in electronic form, as an e-mail attachment or a download link sent to the Buyer’s e-mail address.

5.10 In the case of discounted Goods, the Seller shall state, alongside the discount, the lowest price at which it sold the Goods during the 30 days prior to the discount being applied.

5.11 Any discounts on the purchase price of the Goods granted to the Buyer may not be combined with one another.

5.12 The Buyer acquires ownership of the Goods only upon full payment of the entire purchase price.

6.1 The individual methods of transport are offered by the Seller depending on current availability and capacity. All transport methods offered and their terms are available on the Seller’s website.

6.2 The Buyer selects the method of delivery of the Goods during the ordering process from the options offered by the Seller. The costs of delivery of the Goods are borne by the Buyer according to the chosen delivery method.

6.3 The risk of accidental destruction and accidental deterioration of the Goods passes to the Consumer at the moment the Consumer physically takes delivery of the Goods from the carrier.

6.4 If the Buyer is an Entrepreneur, the risk of damage passes to the Buyer as soon as the Goods are handed over to the first carrier for transport. The Seller shall enable the Entrepreneur to exercise rights under the contract of carriage against the carrier.

6.5 The Buyer is obliged to inspect the Goods carefully upon taking delivery. In the event of damaged packaging or other defects, the Buyer is obliged to record the condition in the handover protocol together with the carrier and to inform the Seller without delay. If the consignment is damaged, the Buyer is not obliged to accept it from the carrier.

6.6 If the Buyer fails to duly take delivery of the Goods upon delivery (e.g. fails to collect the consignment from the carrier or at the designated pick-up point), this shall be deemed a breach of the Purchase Contract by the Buyer. In such a case, the Seller shall be entitled to:

(i) claim from the Buyer compensation for the damage incurred by the Seller as a result of such conduct (in particular the costs of futile transport there and back, packaging costs and any storage charges payable to the carrier); or

(ii) withdraw from the Purchase Contract.

If the Buyer fails to take delivery of the Goods even within 30 days of their delivery, the Seller shall further be entitled to charge the Buyer a fee for storage of the Goods of CZK 40 per day. If the Buyer fails to take delivery of the Goods even within 4 months of their delivery, the Seller shall be entitled to sell the Goods for the Buyer’s account and use the proceeds to pay the storage fee, or to dispose of the Goods.

6.7 Where personal collection at the Seller’s business premises is chosen, the Buyer shall be informed that the Goods are available for collection. The Goods shall then be reserved for the Buyer for the period determined by the Seller. Upon the futile expiry of this period, the Seller shall be entitled to withdraw from the Purchase Contract.

6.8 Where the Buyer is a legal person, the Seller may make the handover of the Goods conditional upon handing them over only to one of the following persons: (i) a member of the Buyer’s statutory body, (ii) a representative who presents a power of attorney, or (iii) a person whom the Buyer has specified or designated in the customer account to take delivery of the Goods and who at the same time presents an identity document.

6.9 In the case of a Service to be provided at a place other than the Seller’s business premises, the Buyer is obliged to pay the Seller the additional transport costs. The Seller shall inform the Buyer of the amount of these costs in an appropriate manner.

7.1 The Buyer is entitled to withdraw from the Purchase Contract under the conditions set out in these General Terms and Conditions or in the relevant legislation.

7.2 Upon withdrawal from the Purchase Contract, the Seller is entitled to request the Buyer to prove to the Seller that the Buyer purchased the Goods from the Seller (for example by presenting a tax document, order confirmation or in another verifiable manner).

7.3 The Buyer is obliged to return the Goods undamaged, unworn and complete with all of their parts. If the returned Goods are damaged or excessively worn, the Buyer shall be liable to the Seller for the reduction in the value of the Goods. The Seller is entitled unilaterally to set off its claim for compensation for such reduction in value against the Buyer’s claim for a refund of the purchase price.

7.4 In the event of withdrawal from the Purchase Contract in respect of an order to which a discount code was applied or which concerned discounted Goods, the Buyer is entitled to a refund only of the amount actually paid for the Goods. The value of the discount code or discount shall not be reimbursed.

7.5 The Buyer shall bear the costs associated with returning the Goods in full, including where the Goods cannot, by their nature, be returned by the usual postal route.

7.6 If a Service is provided to the Buyer together with the Goods, the Buyer is not entitled, upon withdrawal from the Purchase Contract, to reimbursement for the Service provided.

7.7 Once the Buyer has withdrawn from the Purchase Contract, the Buyer can no longer change that choice.

7.8 If the purchase price (or part thereof) has already been paid by the Buyer, the Seller shall refund it to the Buyer after the withdrawal from the Purchase Contract using the same method by which it received it.

7.9 Withdrawal from the contract by the Consumer

7.9.1 The Consumer has the right to withdraw from the Purchase Contract without giving any reason within 14 days of the day on which the Consumer or a third party designated by the Consumer, other than the carrier, takes delivery of the Goods or:

(i) the last item of the Goods, where the Consumer orders several items of Goods in a single order which are delivered separately; or

(ii) the last item or part of a delivery of Goods consisting of several items or parts.

7.9.2 The Consumer may withdraw from the Purchase Contract by any unequivocal statement addressed to the Seller. The Consumer may also use the model form set out in the Annex to these General Terms and Conditions to withdraw from the Purchase Contract. If the Consumer uses the model form to withdraw from the Purchase Contract, the Seller shall confirm receipt of the notice to the Consumer in text form without undue delay.

7.9.3 If the Consumer withdraws from the Purchase Contract, the Consumer is obliged to return the Goods to the Seller without undue delay and no later than 14 days from the day of withdrawal from the Purchase Contract. The Consumer shall bear the costs associated with returning the Goods.

7.9.4 The Consumer is advised to send the Goods back to the Seller as an insured consignment.

7.9.5 If the Consumer withdraws from the Purchase Contract, the Seller shall refund to the Consumer, without undue delay and no later than 14 days of the withdrawal, all funds received from the Consumer, using the same method by which it received them (unless expressly agreed otherwise). However, the Seller is not obliged to refund the funds received to the Consumer before the Consumer hands over the Goods to the Seller or proves that the Goods have been sent to the Seller.

7.9.6 If the Consumer chose a method of delivery of the Goods other than the cheapest delivery method offered when placing the order, the Seller shall refund to the Consumer the costs of delivery of the Goods only in the amount corresponding to the cheapest delivery method offered.

7.9.7 In accordance with § 1837 of the Civil Code, the Consumer does not have the right to withdraw from the Purchase Contract, in particular in the case of a contract for:

(i) the supply of Goods in sealed packaging which are not suitable for return for health protection or hygiene reasons once the Consumer has broken the packaging, in particular, but not exclusively, headphones and ear tips which have visibly been worn or are soiled;

(ii) the supply of Goods made to the Consumer’s specifications or adapted to the Consumer’s personal needs;

(iii) the supply of an audio or video recording or computer program in sealed packaging if the Consumer has broken the seal;

(iv) the supply of digital content not supplied on a tangible medium after performance has begun; and

(v) urgent repairs or maintenance to be carried out at a place specified by the Consumer at the Consumer’s express request (this shall not, however, apply to the performance of repairs other than those requested or the supply of goods other than spare parts necessary to carry out the repair or maintenance).

7.9.8 The Seller is entitled, but not obliged, to accept from the Consumer Goods in respect of which the Consumer is not entitled to withdraw from the Purchase Contract. The Seller is entitled to make the acceptance of such Goods conditional upon payment of a reasonable deduction from the purchase price in an amount corresponding to the reduction in value of the returned Goods and the costs associated with accepting and reselling such Goods. If the Consumer does not accept the proposed deduction, the Seller shall not accept the Goods and shall return them to the Consumer. The acceptance of Goods in a particular case does not give rise to any entitlement of the Consumer to the acceptance of Goods in future cases.

7.9.9 Furthermore, the Consumer does not have the right to withdraw from a contract for the provision of Services in the following cases:

(i) the Service has been provided to the Consumer in full; or

(ii) the provision of the Service began with the Consumer’s prior express consent before the expiry of the withdrawal period.

7.10 Withdrawal from the contract by the Entrepreneur

7.10.1 The Entrepreneur is entitled to withdraw from the Purchase Contract only in the cases stipulated by the relevant legislation.

7.10.2 The purchase price paid shall be refunded to the Entrepreneur only after the Seller has physically received and inspected the returned Goods.

7.10.3 The Seller reserves the right unilaterally to set off any claim it may have for compensation for damage against the Entrepreneur’s claim for a refund of the purchase price, in particular where the Goods are returned damaged, worn or incomplete.

7.11 Withdrawal from the contract by the Seller

7.11.1 The Seller is entitled to withdraw from a Purchase Contract concluded with the Buyer, in particular in the following cases:

(i) the stock of the Goods has sold out or the Goods have become unavailable;

(ii) the Goods cannot be delivered on the agreed terms for reasons not attributable to the Seller (for example, their price or delivery costs have increased);

(iii) the manufacturer, importer or supplier of the Goods has discontinued production or import of the Goods;

(iv) it becomes apparent that, as a result of a technical or system error, a manifestly incorrect purchase price or price of related Services (transport, extended warranty insurance, etc.) was stated in the E-shop interface; a manifest price error shall include, in particular, an incorrectly stated number of digits (e.g. a missing order of magnitude or a dropped digit), a manifestly disproportionately low price (e.g. 50% lower without an express indication of a clearance sale or discount promotion) and other manifest errors in the wording or description of the Goods or related Services;

(v) the Buyer provided false or misleading information when placing the order;

(vi) there is a reasonable suspicion of misuse of payment instruments or the purchase of Goods is for the purpose of their resale; or

(vii) the Buyer fails to pay the agreed purchase price on time or repeatedly or without reason fails to take delivery of the Goods upon delivery.

7.11.2 If the Seller withdraws from the Purchase Contract, it shall inform the Buyer thereof without delay. The Seller may also inform the Buyer of the withdrawal by sending a notice of cancellation of the order or other notification from which it is apparent that the Seller is withdrawing from the Purchase Contract.

7.11.3 If the purchase price (or part thereof) has already been paid by the Buyer, the Seller shall refund it to the Buyer using the same method by which it received it.

8.1 The Buyer’s rights arising from defective performance are governed by the relevant generally binding legislation (in particular §§ 1914 to 1925 and § 2099 et seq. of the Civil Code), subject to the deviations set out in these General Terms and Conditions.

8.2 Before using the Goods, the Buyer is obliged to read the instructions for use, technical standards and documentation enclosed with the Goods, and subsequently to follow this information strictly.

8.3 Wear and tear of the Goods caused by their normal use or, in the case of used Goods, wear and tear corresponding to the extent of their previous use which the Goods had at the time the Buyer took delivery of them, does not constitute a defect of the Goods.

8.4 The Buyer is not entitled to rights arising from defective performance if:

(i) the Buyer caused the defect themselves or was aware of the defect before taking delivery of the Goods;

(ii) the Buyer damaged the Goods through improper use, storage or maintenance, unprofessional interference with the Goods or mechanical damage;

(iii) a lower price was already agreed for the defect in question when the Goods were purchased; or

(iv) the defect was caused by external events entirely beyond the Seller’s control.

8.5 The Buyer is not entitled to assign rights arising from defective performance to a third party.

8.6 Rights arising from defective performance where the Buyer is a Consumer

8.6.1 The Seller is liable to the Consumer that the Goods are free from defects upon delivery, in particular that the Goods:

(i) correspond to the agreed description, type and quantity, as well as quality, functionality, compatibility and other agreed characteristics;

(ii) are fit for the purpose for which the Buyer requires them and to which the Seller has agreed; and

(iii) are supplied with the agreed accessories and instructions for use, including assembly or installation instructions.

8.6.2 The Seller is liable to the Consumer that, in addition to the agreed characteristics:

(i) the Goods are fit for the purpose for which Goods of that type are normally used;

(ii) the Goods, in terms of quantity, quality and other characteristics, including durability, functionality, compatibility and safety, correspond to the usual characteristics of Goods of the same type which the Consumer may reasonably expect; and

(iii) the Goods are supplied with accessories, including packaging, assembly instructions and other instructions for use, which the Consumer may reasonably expect.

This article shall not apply where the Seller, before the conclusion of the Purchase Contract, specifically informed the Consumer that a particular characteristic of the Goods differs and the Consumer expressly agreed to this when concluding the Purchase Contract.

8.6.3 The Consumer may notify a defect which becomes apparent in the Goods within two (2) years of taking delivery of the Goods. In the case of used Goods, the Consumer may notify a defect which becomes apparent within one (1) year of taking delivery. If the Consumer has rightfully notified the Seller of a defect, the period under the first and second sentences above does not run for the time during which the Consumer cannot use the Goods.

8.6.4 If a defect in the Goods becomes apparent within one (1) year of taking delivery, the Goods shall be deemed to have been defective upon delivery, unless the nature of the Goods or of the defect precludes this. This period does not run for the time during which the Consumer cannot use the Goods if the Consumer has rightfully notified the defect in the Goods.

8.6.5 The Consumer is obliged to notify the Seller of a defect in the Goods without undue delay after the Consumer could have discovered it through a timely inspection and with sufficient care.

8.6.6 If a defect occurs, the Consumer has the right to demand that it be remedied. At the Consumer’s option, the Consumer may demand:

(i) repair of the Goods; or

(ii) delivery of new Goods free from defects,

unless the chosen method of remedying the defect is impossible or disproportionately costly compared with the other. The Seller may refuse to remedy the defect if this is impossible or disproportionately costly, in particular having regard to the significance of the defect and the value which the Goods would have without the defect.

8.6.7 The Seller is liable to the Consumer for a defect caused by incorrect assembly or installation which, under the contract, was carried out by the Seller or under its responsibility. This also applies where the assembly or installation was carried out by the Consumer and the defect arose as a result of a shortcoming in the instructions provided for it by the Seller or by the provider of the digital content or digital content service, in the case of an item with digital elements.

8.6.8 Until the Seller fulfils its obligations arising from defective performance, the Consumer is not required to pay the outstanding purchase price or any part thereof.

8.6.9 The Consumer’s rights are also governed by §§ 2158 to 2174b of the Civil Code.

8.7 Rights arising from defective performance where the Buyer is an Entrepreneur

The Entrepreneur is obliged to notify the Seller of a defect in the Goods without undue delay after the Entrepreneur could have discovered it through a timely inspection and with sufficient care. If the Entrepreneur fails to do so:

(i) the Entrepreneur loses the rights arising from defective performance;

(ii) the Entrepreneur loses the right to withdraw from the Purchase Contract; and

(iii) the Goods shall be deemed to have no apparent defects.

9.1 The complaints procedure governs the manner and conditions of making complaints about defects in the Goods and of asserting any claims under a quality guarantee (if provided).

9.2 The Buyer may make a complaint to the Seller only in the following ways:

9.2.1 By handing over the Goods in person at the Seller’s business premises at the address: Dušní 3, Josefov, 110 00 Praha 1. Further contact details of these business premises, including opening hours, are available on the Seller’s website.

9.2.2 By sending the Goods to the Seller at the address: VOIX Audio & Cinema, Dušní 3, Josefov, 110 00 Praha 1.

9.3 More detailed conditions for making a complaint, the service providers and the methods of sending Goods to the Seller which the Buyer may use for the purpose of a complaint about Goods are available on the Seller’s website.

9.4 The Seller shall not accept a complaint which is not made in accordance with the complaints procedure. This applies in particular to a complaint:

(i) not made in accordance with Article 9.2; or

(ii) in which the Buyer does not use the supported service providers or method of sending the Goods to the Seller in accordance with Article 9.3.

9.5 When making a complaint, the Buyer is obliged to submit the Goods including all of their accessories and parts, to specify in detail the particular defect in the Goods and to provide the Buyer’s contact details.

9.6 When making a complaint, the Buyer is obliged to prove that the Goods were purchased from the Seller (for example by presenting a tax document or in another verifiable manner).

9.7 The Seller or, where applicable, the relevant service provider shall test only those faults which the Buyer expressly specifies. Other faults shall therefore not be tested.

9.8 In the case of a complaint about any Goods protected by access security (password, code, etc.), the Buyer is obliged to disable the security or to provide the Seller with the password when describing the fault. Otherwise, the Seller is entitled to reject the complaint.

9.9 In the case of a complaint about Goods capable of storing data, the Seller does not perform any data backup or recovery and shall not be liable for preserving the content of such data or for its loss, damage or misuse. In some cases it may be necessary to restore the Goods subject to the complaint to their original state (factory settings). The Seller therefore recommends that the Buyer back up such data and, for privacy reasons, also delete it before making the complaint.

9.10 The Seller is entitled to reject a complaint in cases where the Buyer is not entitled to rights arising from defective performance or under a quality guarantee (if provided) and further in cases where the damage or fault occurred as a result of:

(i) improper use and maintenance of the Goods (in particular use of the Goods contrary to the operating instructions, technical standards or documentation enclosed with the Goods);

(ii) external mechanical and electrical damage to the Goods (including damage caused by the Buyer or by power surges in the electricity network);

(iii) soiling of the Goods beyond the limits of hygienic acceptability or safety;

(iv) unprofessional interference and modifications (in particular changes, modifications or repairs carried out by a person not authorised to do so by the Seller or the manufacturer);

(v) software or digital defects (including malware infection or the use of unauthorised or incompatible software);

(vi) the use of non-original or unsuitable consumables; or

(vii) force majeure.

9.11 Complaints by the Consumer

9.11.1 When a complaint is made, the Seller shall issue the Consumer with a written confirmation stating the date on which the complaint was made, its content, the requested method of resolution and the Consumer’s contact details for the purpose of providing information on the resolution of the complaint.

9.11.2 The Consumer’s complaint, including remedying the defect, must be resolved without undue delay and no later than 30 days from the day on which it was made, unless the Seller and the Consumer expressly agree on a longer period. Upon the futile expiry of this period, the Consumer has the right to withdraw from the Purchase Contract or to demand a reasonable discount.

9.11.3 The Seller is not obliged to start handling the complaint before the Consumer physically submits the Goods subject to the complaint. The period for resolving the complaint starts to run from the moment the Goods subject to the complaint are submitted.

9.11.4 After the complaint has been resolved, the Seller shall issue the Consumer with a written confirmation of the date and method of resolution or, where applicable, a written justification for rejecting the complaint. The Seller is entitled to issue this confirmation to the Consumer in either paper or electronic form.

9.12 Complaints by the Entrepreneur

9.12.1 The Seller is not obliged to resolve the complaint within 30 days. The complaint shall be resolved depending on the capabilities of the relevant service provider.

9.12.2 The Entrepreneur is not entitled to reimbursement of costs reasonably incurred in exercising rights arising from defective performance.

9.13 Procedure after resolution of the complaint

9.13.1 The Seller shall inform the Buyer of the resolution of the complaint.

9.13.2 The Buyer is obliged to collect the Goods subject to the complaint without undue delay and no later than 30 days from the day on which the Buyer was notified by the Seller of the resolution of the complaint. If the Buyer fails to collect the Goods within this period, the Seller shall be entitled to charge the Buyer a fee for storage of the Goods of CZK 40 per day. If the Buyer fails to collect the Goods even within 4 months from the day of notification of the resolution of the complaint, the Seller shall be entitled to sell the Goods for the Buyer’s account and use the proceeds to pay the storage fee, or to dispose of the Goods.

9.13.3 If the Buyer sent the Goods for the complaint by a carrier service, the Goods shall be returned to the Buyer at the Buyer’s address, unless the Buyer and the Seller agree otherwise.

10.1 Where the subject of the Purchase Contract is the use of any electronic content, the Buyer is obliged, when using it, also to comply with the obligations arising from the relevant legislation governing copyright works and intellectual property and from the specific licence terms of the Goods or Service concerned. In the event of a breach of these obligations, the Buyer is obliged to compensate any harm (whether to the Seller or to another entitled person), and a breach of these obligations may also have criminal law consequences.

10.2 The Buyer is entitled to use all electronic content and licences exclusively for their personal use and not for the purpose of obtaining any direct or indirect economic benefit. The Buyer is not entitled to copy, distribute, reproduce, lend, exhibit or otherwise communicate to the public the purchased electronic content and licences in breach of the licence terms of the Goods or Service concerned or the relevant legislation, unless doing so exclusively to the extent necessary for their own use.

10.3 The digital content provided is accessible to the Buyer either on a one-off basis or for a period chosen by the Buyer, of which the Buyer is informed during the order creation process.

10.4 The Buyer may not withdraw from a Purchase Contract for the supply of digital content not supplied on a tangible medium after performance has begun. During the order creation process, the Buyer is informed that performance is to begin before the expiry of the period for withdrawal from the Purchase Contract and that by giving consent to the commencement of performance, the Buyer’s right to withdraw from the Purchase Contract lapses.

10.5 The hardware and software required to use the digital content are specified by the particular digital content provider. The Buyer is obliged to ensure that their hardware, software environment and internet connection meet the requirements for proper use of the digital content stated in the description of the Goods or Service. The Seller shall not be liable for any inability to use the digital content caused by unsuitable equipment on the part of the Buyer.

10.6 This article of the General Terms and Conditions shall also apply to any electronic content provided by the Seller to the Buyer free of charge (for example as a gift).

11.1 In addition to the rights arising from defective performance to which Buyers are entitled by law, the following additional Services may also be provided to the Buyer under the conditions set out below:

(i) a quality guarantee provided to the Buyer in specified cases by the Seller or the provider of the Goods; or

(ii) additional insurance of the Goods, which the Buyer may take out for a certain type of Goods; the insurance may also be used to arrange a so-called “extended warranty”, which is, however, a different legal instrument from the quality guarantee referred to above.

11.2 Quality guarantee

11.2.1 In addition to the rights arising from defective performance, the Seller may, in specified cases, also provide the Buyer with a quality guarantee.

11.2.2 The quality guarantee applies to Goods only where this is expressly stated for the particular Goods (for example in the description of the Goods on the E-shop or directly on the Goods) and lasts for no longer than the stated period.

11.2.3 The provision of the quality guarantee may be made conditional by the Seller or the supplier of the Goods upon the fulfilment of certain conditions.

11.2.4 The Buyer has no rights under the quality guarantee if the defect in the Goods was caused by an external event after the risk of damage to the item passed to the Buyer.

11.2.5 The Buyer must notify the Seller of a defect covered by the quality guarantee within the period determined by the length of the guarantee period.

11.2.6 The Buyer is not entitled to assign rights under the quality guarantee to a third party.

11.3 Insurance of the Goods

11.3.1 The Buyer may take out an additional insurance service for a certain type of Goods, and this service shall be governed exclusively by the relevant insurance terms and conditions.

11.3.2 More detailed information about the additional insurance is available on the Seller’s website.

11.3.3 If the Consumer withdraws from the Purchase Contract, the insurance of the Goods that has been taken out shall terminate ab initio.

11.4 Picture calibration

11.4.1 The Seller provides Buyers with a Service consisting of the precise adjustment of the picture parameters of display equipment (picture calibration).

11.4.2 More detailed information about the terms of this Service is available on the Seller’s website.

12.1 Personal data provided by the Buyer in connection with an order are collected, processed and stored by the Seller in full compliance with the applicable legislation of the Czech Republic and the European Union, in particular the General Data Protection Regulation (GDPR) and Act No. 110/2019 Coll., on the Processing of Personal Data. The processing serves primarily for the purposes of performance of the Purchase Contract, fulfilment of the Seller’s legal obligations and protection of its rights and legitimate interests.

12.2 If, when concluding the Purchase Contract or registering, the Buyer provides personal data of its employees or other authorised persons, the Buyer hereby declares that it is entitled to provide such personal data and that the persons concerned have been duly informed of their transfer to the Seller in accordance with Articles 13 and 14 GDPR. In such a case, the Buyer shall bear responsibility for fulfilling the information obligation towards these persons.

12.3 When concluding the Purchase Contract or registering, the Buyer is obliged always to provide true, accurate and correct personal data. By submitting an order, the Buyer declares that they have read the personal data processing principles published on the E-shop, which relate primarily to the concluded Purchase Contract and the operation of the E-shop.

13.1 The Consumer has the right to out-of-court resolution of any consumer dispute arising from the Purchase Contract. The entity authorised to carry out out-of-court resolution of such disputes is the Czech Trade Inspection Authority (Česká obchodní inspekce), IČO: 000 20 869, website: www.coi.cz.

13.2 All mutual disputes between the Seller and the Buyer which are not resolved out of court shall be finally resolved by the competent general courts of the Czech Republic.

14.1 The Buyer and the Seller may deliver to each other all written correspondence, notices and documents relating to the Purchase Contract via an electronic communications network.

14.2 The Seller may validly deliver to the Buyer at the electronic address which the Buyer stated in their customer account or provided to the Seller when creating the order.

14.3 Deliveries to the Seller shall be made to the contact address stated at the beginning of these General Terms and Conditions.

15.1 Buyers logged in via a customer account are entitled to publish reviews or ratings in the “Reviews” section or to contribute discussion posts to the “Discussion” section. The individual sections are maintained separately for each product. When creating reviews, ratings or discussion posts, Buyers are obliged to comply with the following rules:

(i) it is prohibited to publish content that is defamatory, offensive, discriminatory or otherwise unlawful, i.e. contrary to the applicable law of the Czech Republic and the European Union;

(ii) the dissemination of disinformation, false statements and fake reviews is prohibited;

(iii) published content must not infringe copyright or other intellectual property rights of third parties;

(iv) reviews must not constitute advertising or covert advertising; and

(v) users must not publish information which may be considered personal data of third parties without their consent.

15.2 Any logged-in visitor to the E-shop is entitled to report unlawful content in the “Reviews” section or in the “Discussion” section as follows:

(i) the notice shall be submitted in one of the following ways: (i) by sending an e-mail to the address stated above; (ii) by completing the contact form; or (iii) via the “Report content” button;

(ii) the notice must contain (i) the reasons for the notice; (ii) the exact URL identifying the specific post, review or rating, or another precise description enabling the unlawful content to be unambiguously located and identified; (iii) identification of the notifier; and (iv) a statement by the notifier that they believe in good faith that the information contained in the notice is accurate and complete and that the reported content is genuinely unlawful.

15.3 Upon receipt of the notice, the Seller shall (i) send the notifier a confirmation of receipt of the notice; (ii) assess without undue delay whether or not the reported content is lawful; and (iii) inform the notifier of the decision taken, i.e. whether the content was found to be unlawful, what measures were taken and what further means of redress, if any, are available to the notifier. The notifier may challenge the Seller’s decision either (i) by lodging a complaint directly with the Seller within its internal complaint-handling system; (ii) through out-of-court dispute resolution before a certified body; or (iii) through judicial review.

15.4 The author of the reported content shall be informed by the Seller of the reason why the visibility of their post was restricted or why it was deleted, and of the measure taken and the reasons for it; the author has the right to comment on it and to provide additional information before the measure is taken or immediately thereafter, if the situation allows. After the measure has been taken, the author may use the means of redress set out above.

16.1 If the Buyer breaches the Purchase Contract or these General Terms and Conditions by repeatedly failing to collect a consignment, failing to pay the purchase price, excessively or purposefully abusing the right to withdraw from the contract, wrongfully redeeming discount vouchers, providing false or misleading information or otherwise grossly breaching their obligations in a similar manner, the Seller shall be entitled, depending on the circumstances of the case, to take one or more of the following measures:

(i) cancel the Buyer’s order or withdraw from the concluded Purchase Contract;

(ii) cancel the Buyer’s customer account;

(iii) assert a claim for compensation for damage against the Buyer; or

(iv) prevent the Buyer from making further purchases on the E-shop.

16.2 If the Buyer transfers ownership of the Goods, the Buyer is obliged to inform the Seller thereof without undue delay. Otherwise, the Seller shall continue to treat the Buyer as the owner of the purchased Goods.

16.3 A Buyer who is an Entrepreneur assumes the risk of a change in circumstances within the meaning of § 1765(2) of the Civil Code.

16.4 A Buyer who is an Entrepreneur is not entitled to compensation for damage caused by defective Goods within the meaning of § 2943 of the Civil Code, during the assembly or installation of the Goods or in any other way causally connected with the Goods.

16.5 The Seller is not bound vis-à-vis the Buyer by any codes of conduct within the meaning of § 1820(1)(m) of the Civil Code.

17.1 All disputes arising from or in connection with the Purchase Contract (including disputes concerning non-contractual obligations arising in connection with it and disputes concerning its existence, validity or termination) shall be decided exclusively by the competent courts of the Czech Republic.

17.2 The Purchase Contract is concluded in the Czech language.

17.3 The concluded Purchase Contract, including the Terms and Conditions, is archived in accordance with legislation for the purpose of its performance and for other purposes defined in the privacy policy in the Seller’s internal system and is not accessible to third parties.

17.4 If the relationship established by the Purchase Contract contains an international element, the Buyer and the Seller agree that this relationship shall be governed by the laws of the Czech Republic. However, this choice-of-law agreement shall not deprive a Buyer who is a Consumer of the protection afforded to them by provisions of the laws of the state of their habitual residence which cannot be derogated from by agreement and which would otherwise apply in the absence of a choice of law within the meaning of Article 6(2) 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).

17.5 The Buyer and the Seller exclude the application of the United Nations Convention on Contracts for the International Sale of Goods (CISG) with reference to Article 6 thereof.

17.6 These General Terms and Conditions are valid and effective from [2.7. 2027].

Withdrawal form for consumers

I (the Buyer):
Name and surname:
Address:
Telephone:
E-mail:
Bank account number:

hereby withdraw from the Purchase Contract under which I purchased:
Type of goods:
Order number:
Date of purchase:
Other information:

In ________________ on ______________

____________________________
Buyer’s signature

Please send the completed and signed form to us either by e-mail to obchod@voix.cz or by post to DUŠNÍ 3 Concept, s.r.o., Dušní 3, Josefov, 110 00 Praha 1.

As soon as we receive your withdrawal, we will inform you of this at the e-mail address you have provided.