Terms and Conditions – full version

General Terms and Conditions of Sale for Consumers

These General Terms and Conditions of Sale for Consumers (hereinafter referred to as the “Terms“) apply to contracts negotiated via the online shop Behind The Stars – Shop , placed on the website www.shop.behindthestars.net (hereinafter referred to as the “website”) between

Behind the Stars,

Contact email: band@behindthestars.net,

as the seller

and you as the buyer.

  1. GENERAL PROVISIONS
    • Summary of Terms

By the contract of sale, we undertake to deliver you the goods as specified in your purchase order, whereas you undertake to take over such goods and pay the whole purchase price as specified in the order. For conclusion of the contract, your order and our acceptance of the order is needed (according to Article 2). Information about prices are laid down in Article 3. Possible methods of payments and delivery can be found in Articles 4 and 5. Information about the possibility to withdraw from the contract after taking over the goods appear in Article 6. Rights from defective performance are governed by our Warranty Claim Guidelines.

  • Is the contract a consumer contract?

The contract is a consumer contract in case you are a consumer, i.e. if you are an individual person and your purchase is not connected to trade, business or profession. Otherwise, the contract is not a consumer contract and you are not provided the consumer protection under the law and the Terms. In such case, the General Terms and Conditions for Entrepreneurs and Legal Persons shall apply.

  • What governs our legal relationship?

Our legal relationship is governed by the contract, which consists of the following documents:

  • the Terms, which define and specify our mutual rights and obligations;
  • Warranty Claim Guidelines, which we will follow in case of any warranty claims of the goods;
  • Privacy Policy, which governs the protection of your personal data;
  • any conditions and instructions stipulated on the website, especially when concluding the contract;
  • the purchase order and its acceptance from our side;

and in any matters not covered by the contract are our reciprocal rights and obligations governed by the following legislation:

  • Act no. 89/2012 Sb., the Civil Code, as amended, (hereinafter referred to as the „Civil Code“);
  • Act no. 634/1992 Sb., on Consumer Protection, as amended.

Please note, that in case your residence or your registered office is situated outside of the Czech Republic or if our legal relationship includes any other international element, our relationship is governed by the Czech Law. In case you are a consumer and the legal order of your state of residency provides you with a higher level of consumer protection than the Czech legal order, the higher level of consumer protection applies to you.

  • How do you express your consent with the Terms?

You express the consent and the acquaintance with the Terms by sending a purchase order and also by confirming the acknowledgment of the Terms on the website.

  • What else should you know concerning the Terms?

In the case of nullity, inefficacy or inapplicability of any provision of the Terms (or will become as such), the provision, which by its sense is closest to the invalid, ineffective or inapplicable provision, will apply. The validity of other provisions is not affected by such cases.

We are allowed to alter or amend the Terms. Your rights and obligations are always governed by the version of the Terms amended in the time of its emergence. It is possible to alter or amend the Terms in written way only.

  1. THE CONTRACT OF SALE
    • How do we conclude the contract of sale?

For concluding the contract of sale, it is necessary that you send a purchase order under the requirements with these Terms and to accept such purchase order from our site. Presentation of the goods is for your information only and it is not our offer for concluding a contract of sale in the meaning of Section 1732 par. 2 of the Civil Code.

  • How to submit an order?

You can always submit an order via our website (by filling a form), or by any other way currently allowed on our website. The order must contain all the information required in the form.

Please check all your entered data. The binding purchase order is submitted by clicking the button “Proceed to Paypal or Place order” and finishing payment. We consider the data in the binding purchase order to be correct and complete. In case of any change, please, inform us without undue delay via email.

  • Is it possible to cancel or change an already sent order?

You can cancel an order which has not been accepted by us yet via email. All orders accepted by us are binding. Later cancellation of the order is only possible by an agreement with us. If you cancel an order of the goods, among which it is not possible to withdraw from the contract (see Article 6), we are entitled to claim the reimbursement of the costs already expended by us to that time.

  • How to find out that an order has been accepted by us and when is the contract concluded?

We will inform you about the receipt of an order. The information about receipt of an order is also an acceptance of order.

The contract of sale is concluded as of the moment of the delivery of our acceptance of the purchase order from us to you. Should it be the case you do not receive the acceptance, the contract is concluded as of the moment of payment of the total price or as of the moment you take over the goods (whichever occurs first).

  • Is it possible to obtain a contract in text form?

Documents forming the contract will be sent to you via e-mail or can be printed and sent per post at your request. We can demand recovering of the related costs when sending per post.

The contract of sale (including the Terms) is maintained by us in an electronic form. The contract of sale is not accessible to third parties.

  1. PRICE

Prices displayed on our website are final. Be aware that we are required to collect and pay VAT for digital goods buyed by consumers from European Union except for Czech Republic. This tax will be shown after adding the goods to your cart based on the location found using your ip address. However, this method may not be 100% accurate, so you will be prompted to tell your location on the order Checkout page.

    • Is it possible that the price showed on the website will be changed?

If the price of the goods showed on the website or within the purchase order process is not up-to-date, we will inform you in such respect without undue delay. Orders which have been already sent are not affected by the change of the price which occurred within the period beginning by sending of the order and ending by its acceptance from us.

In case a wholly obvious technical error regarding the price occurred on the website or within the purchase order process, we are not obligated to deliver you any goods for this wholly obvious incorrect price.

  • Is it possible to combine sales from the price of the goods?

Possible sales from the price of the goods are not allowed to combine, otherwise there is explicitly mentioned something else on the website.

3.1. TAXES AND DUTIES

If you are not from the EU, you may be charged for duty or other taxes in the course of delivery of physical goods, depending on your location. These additional fees are your full responsibility. Please contact your local authorities, such as the Customs Administration for more information.

  1. PAYMENT CONDITIONS
    • What payment methods are accepted?

The purchase price can be paid mainly by the following manners:

  • in cash when sending the goods by cash on delivery;
  • on-line via payment card or other available method stated on the checkout page prior the delivery;
  • on-line via payment system PayPal prior the delivery;

Any other payment methods and potential extra fees connected with some payment methods are stated on the website.

  • When is the price due?

In case of a cash payment, the purchase price is due as of the take over the goods. In case of a non-cash payment, the purchase price is due within five days from the acceptance of the order. Your obligation to pay the purchase price, when using a non-cash payment method, is fulfilled as of the moment we receive the respective payment at our bank account. If we do not receive the price when it is due, we have the right to withdraw from the contract.

  • May we ask for a deposit or a payment in advance?

Be aware that we are entitled to ask you for payment in advance (or deposit) before sending or the delivery of the goods in accordance with § 2119 par. 1 of the Civil Code.

  • How do we issue invoices?

By expressing a consent with these Terms, you are also expressing consent with the issuing of the invoice in electronic way.

  1. DELIVERY CONDITIONS
    • How do we send the goods?

Delivery methods of the goods are stated on our website. You can choose the respective delivery method at the purchase order.

In the purchase order the final price including the delivery costs corresponding to your selection will be always stated.

  • When will the goods be delivered to you?

The time of delivery of the goods is always depending on the availability of the goods and on the chosen method of transport and payment. We cannot grant you the time of delivery of the goods by the carrier. In case of any problems related to the time of delivery please contact us and we will try to solve this situation.

The goods available in stock are handed over to a carrier usually within three working days from the acceptance of the order (at cash on delivery), eventually from the moment your payment is credited to our bank account (in case of a non-cash payment). The time of delivery of the goods is usually within 7-21 days.

The goods not available in stock are handed over to a carrier as soon as possible. We will inform you about the exact date.

The delivery of the goods under the Terms means the moment when the goods are delivered to you. Should you refuse to accept the goods without just reason, such non-acceptance is considered neither as the failure of our obligation to deliver the goods, nor as a withdrawal from the contract from your side.

You acquire the ownership of the goods by paying the whole purchase price.

  • How to proceed when taking over the goods?

You should check the integrity of the packaging at the delivery. Should you find any deficiencies, please, inform us and the carrier immediately. If you refuse a delivery with damaged packaging, it is not considered as unjustified refusal of the goods.

As of the moment of taking over the goods (or as of the moment you had the obligation to take over the goods, but you refused to do so contrary to the contract) the liability for accidental destruction, damage or loss of the goods passes on you.

  • What happens, if you do not take over the goods?

You are obligated to pay the costs associated with the re-delivery, if the goods have to be delivered repeatedly or by other means of delivery due to the reasons on your side.

Should you not accept the goods, we are entitled to the reimbursement of the costs associated with the delivery or re-delivery and its storage, as well as other costs that arise due to not accepting the goods.

In case the payment is in cash when sending the goods by cash on delivery, we have the right to withdraw from the contract. If you have already paid the purchase price (in case of a non-cash payment), we have the right to self-help sale in accordance with § 2126 of the Civil Code.

  1. WITHDRAWAL FROM THE CONTRACT
    • How can you withdraw from the contract?

If you are a consumer, you can withdraw from the contract within 14 days from the day of accepting the goods; if the delivery is divided into several parts, then from the date of the final delivery. We recommend you send a notice of withdrawal from the contract to our delivery address with the goods or to our contact email and to send the goods to our contact address without delay. You can use a template form for the withdrawal from the contract.

  • What are the consequences of the withdrawal?

By withdrawal the contract is cancelled from the beginning and is considered as never concluded.

If the gift was provided together with the goods, such a donation contract is void as of the withdrawal from the contract by any of the parties. Please return the gift to us together with the returned goods.

  • How do you return the goods?

You are obligated to return us the goods within 14 days from the withdrawal from the contract to our delivery address, to any of our business premises or to the address of our registered seat. Do not send the goods by the mean of cash on delivery. We are not obligated to accept the goods sent via the cash on delivery.

To the returned goods, we recommend attaching:

  • a copy of the delivery note and the invoice, if these documents were issued, or any other document evidencing the purchase of the goods;
  • a written statement on the withdrawal from the contract (by using our template form or by any other way) and on the selected method of refund. Please provide us with the delivery address, telephone number and email in the statement.

Not providing with any of the above-mentioned documents shall not preclude a positive handling of your withdrawal from the contract according to law.

  • When do you get your money back?

We will refund all the received money within 14 days from the withdrawal from the contract. Please note however that we are not obligated to refund you the money before you return the goods or prove its sending back to us.

Among the purchase price you are entitled also to a refund of the costs of the delivery of the goods to you. However, if you chose other than the cheapest delivery method, which we offer, we will refund you the costs of the delivery of the goods in the amount corresponding to the cheapest offered way of the delivery.

We will refund you the money by the same way as we have received them (should you not provide us with any other way within 10 days from the withdrawal and you will have no additional costs with this way) or by the way you choose.

The costs of the delivery of the returned goods on our address are borne by you, even if the goods cannot be returned via the usual postal service due to its nature.

  • What if the returned goods were damaged?

When returning the goods, please, wrap it to a suitable packaging to avoid its damage or destruction.

Should we find out that the returned goods are damaged, worn, dirty or partially consumed, we are entitled to claim for damages.

  • When you cannot withdraw from the contract?

In accordance with Section 1837 of the Civil Code it is not possible to withdraw, inter alia, from contracts about the delivery of the goods, which have been adjusted according to your wishes or for yourself.

  • When can we withdraw from the contract?

We reserve the right to withdraw from the contract in the following cases:

  • we have not received the purchase price in the time of its due or you do not take over the goods;
  • the goods cannot be supplied under the original terms (mainly because the goods are no longer manufactured, the supplier ceased to supply to the Czech Republic etc.);
  • the performance becomes objectively impossible or illegal.

Should any of the above mention situations occur, we will inform you about our withdrawal from the contract without undue delay.

If you have already fully or partly paid the purchase price, we will refund you the received amount to the bank account you provide us for this purpose or to the bank account from which you made the payment. The money is returned within five days from the withdrawal from the contract.

  1. RIGHTS FROM DEFECTIVE PERFORMANCE

Your rights from defective performance are governed by the relevant legislation (in particular by the provisions of Sections 1914 to 1925, Sections 2099 to 2117 and, if you are a consumer, Sections 2158 to 2174 of the Civil Code). In exercising of the rights from a defective performance we will proceed in accordance with our Warranty Claim Guidelines.

7.1. Your rights from defective performance are governed by the relevant legislation (in particular by the provisions of Sections 1914 to 1925, Sections 2099 to 2117 and, if you are a consumer, Sections 2158 to 2174 of the Civil Code). In exercising of the rights from a defective performance we will proceed in accordance with our Warranty Claim Guidelines.

7.2. The seller is responsible to the buyer for the goods to have no defects. In particular, the seller replies to the buyer that at the time the buyer took over the goods:

7.2.1. the goods have properties that have been negotiated by the parties and, in the absence of an arrangement, have properties that the seller or the manufacturer has described or which the buyer expects with regard to the nature of the goods and the advertising they make,

7.2.2. the goods fit the purpose for which the seller indicates or to which the goods of this type are usually used,

7.2.3. the goods correspond to the quality or performance of the agreed sample or original if the quality or design has been determined on the basis of the agreed sample or original,

7.2.4. the goods are in the appropriate quantity, degree or weight and

7.2.5. goods comply with legal requirements.

7.3. The provisions of Article 7.2 of the Terms and conditions do not apply to goods sold at a lower price for a defect for which a lower price has been agreed for wear and tear of the goods due to their normal use.

7.4. If a defect occurs within six months of the takeover, the goods are deemed to have been defective already at takeover. The buyer is entitled to claim the right to a defect that occurs with consumer goods within twenty-four months of the takeover.

7.5. In the event that the defect of the goods occurs during the warranty period, for which the purchased product cannot be used properly in full, and this defect could be removed, you are entitled to a free repair.

7.6. For removable defects on the yet unused product you can require an exchange of the defective product for a new good one instead of the elimination of the defect, or a reasonable discount from the purchase price.

7.7. In case of defects that cannot be removed and which prevent the goods to be properly used as goods without the defect, you have the right to exchange the goods, right to a reasonable discount from the purchase price or the right to withdraw from the contract.

7.8. You have the right to a reasonable discount also in case we are not able to supply you a new goods without defects, exchange the part of it, or repair it, or if we do not make a remedy within a reasonable time, or that the remedy would raise substantial difficulties to you.

7.9. For used goods, you are entitled only to a reasonable discount from the purchase price.

7.10. You do not have the right to withdraw from the contract or the right to require a delivery of a new item in case you cannot return the goods in the condition in which you received it (except the cases stated by law).

7.11. Rights to defective performance are claimed by the buyer at the seller’s address at the address where the receipt of the claim is possible with regard to the range of goods sold, or even at the registered office or place of business.

7.12. Other rights and obligations of the parties related to the seller’s liability for defects may be regulated by the seller’s claim rules.

How to proceed with your warranty claim?

Assert your warranty claim with us without undue delay from finding out of the defect.

Claim can be asserted in the following manner:

  • For faster processing you can contact us in advance by telephone, e-mail or by writing.
  • Deliver the claimed goods (other than by the way of cash on delivery, which we are not taking over) to our contact address.
  • When sending the goods, wrap it in the suitable packaging to avoid damage or destruction.
  • We advise you to attach a receipt or tax document – invoice if it has been issued, or other document evidencing the purchase of the goods, together with a description of the defect and a proposal of a manner dealing with your claims. Failure to submit any of the documents listed above shall not preclude a positive settlement of the claim under statutory conditions

You can use our Product Warranty Claim Form.

The moment of asserting the warranty claim is the moment when we were notified of the occurrence of the defects and the right from warranty was claimed.

Inbox warranty claim is handled promptly, but not later than 30 days from the date of the assertion of the warranty claim, unless we agree otherwise. You will be issued a written confirmation about the assertion and the settlement of the claim.

In the event of a disputed claim we will decide on its acceptance within three working days from the date of assertion of the claim.

  1. OTHER INFORMATION FOR CONSUMERS
  • In what language do we communicate?

We communicate in English and Czech language.

  • What permissions do we have for the performance of our activities?

We are a holder of a trade license for the sale of the goods. Our activity is not subject to any other permissions.

  • How do we handle the complaints?

We handle any complaints via our contact email. Furthermore, you can contact the respective Trade Office or Czech Trade Inspection.

  • What rights may you exercise in dispute arising from the contract?

If a contractual dispute arises between you as a consumer and us, that we have not been able to resolve directly, you have the right to submit the dispute to the Czech Trade Inspection Authority (http://www.coi.cz/) in order to carry out alternative dispute resolution procedure. You shall exercise the right within 1 year of the date you have asserted the right subjected to the contractual dispute.

If you are dissatisfied with goods or services purchased, you can use the Online Dispute Resolution Platform developed by the European Commission (http://ec.europa.eu/consumers/odr/). It is also possible to use the Online Dispute Resolution Platform for the purpose of selecting the alternative dispute resolution bodies which offer out-of-court settlement procedures.

  1. REGISTRATION ON THE WEBSITE
    • How can you register on the website?

By the registration via the registration form situated on the website is created a user account. Keep the access data to the user account in secret. We are not responsible for any misuse of the user account by a third party.

Information provided within the registration must be truthful and complete. We are authorized to delete an account, created with false or incomplete data, without any compensation. In case of change of your user details we recommend their change in the user account without undue delay.

  • For which purposes is user account created?

Through the user account you can primarily make and track your purchase orders and manage the user account. Any other features of the user account are always stated on the website.

  • When do we have the right to delete your user account?

Note that we have the right to delete your user account without any compensation, if violation of good manners, valid legal regulation or these Terms occurs via your user account.

  1. COPYRIGHT PROTECTION, LIABILITY AND USING THE WEBSITE AND OFFERED PRODUCTS (DISCLAIMER)
    • Is the website content under copyright protection?

The content placed on the website (texts, photographs, images, logos etc.), including the software and these Terms, is protected by our copyright and may be protected by other rights of other persons. You are forbidden to modify, copy, reproduce, distribute or use it for any purpose without our consent or consent of a copyright holder. In particular, it is forbidden to make available any photos and texts placed on the website either paid or free of charge.

The names and designations of products, goods, services, firm and company names can be registered trademarks of their respective owners.

  • Liability and using the website and offered products

We are not liable for errors originating due to interference of third persons with the website or due to its use contrary to its purpose. While using the website you cannot use any processes which could have a negative impact on its operation, i.e. mainly interfere with the function of the system or unreasonably burden the system.

If you commit any illegal or unethical act during the use of the website, we are entitled to restrict, suspend or terminate your access to the website without any compensation. In this case, you are obligated to pay us compensation for the damage, which we clearly incurred due to your acts under this paragraph, in full amount.

Note that by clicking on certain links on the website you may exit the website and be redirected to websites of third parties.

All our products, especially the Magic Stones (hereinafter referred to as the “healing stones and crystals “) ought to be utilized with the understanding that their impacts depend on your own particular energy to change your life. However, there are lawful considerations for you.

We are not Medical Doctors and the information provided on this website is intended for general purposes only. While the use of healing stones and crystals for most purposes is safe, the authors, publishers and compilers of this information do not claim to diagnose, cure, prevent, mitigate, prescribe, recommend or assume that they can prescribe a treatment. In no way should our products, especially the healing stones and crystals, be considered a substitute for professional health care advice from your own physician, therapist or any professionally qualified practitioner.

If you experience specific symptoms or health issues, please seek advice from your primary personal physician. In the event that you use the information without seeking independent professional advice/approval you are prescribing for yourself. When you purchase the healing stones and/or crystals from this site, you agree to do so at your own risk. Be aware that some minerals can be toxic. Do not ingest minerals or elixirs produced using them without counseling an authorized doctor first.

Our items depend on the client to be successful. The responsibility for empowering the energy enhancing capability of the healing stones and crystals offered on this website is solely with the user. In this way we don’t constitute a guarantee, warranty, certification or forecast in regards to the result of an individual utilizing a particular item. While all our products are sold and advertised in good faith, results do fluctuate and cannot be guaranteed. We accept no responsibility or liability for the effectiveness of the products sold herein.

Consent
By using our products, you hereby consent to our disclaimer and agree to its terms.

  1. DIGITAL PRODUCTS

DIGITAL PRODUCTS PURCHASED ONLINE FROMBEHIND THE STARS

PROTECTION OF INTELLECTUAL PROPERTY

Digital goods (“Digital goods”) being sold to Buyers through the e-shop usually represents a sound or audio-visual or video recording of a musical or audiovisual work / works (including accompanying materials) and other items protected under the Copyright Act and other intellectual property protection laws.

The Buyer is entitled to use the purchased Digital goods solely for their own personal use. The Buyer is not entitled to copy the Digital goods or any part thereof in any form beyond their personal needs and is not entitled to make it available to other persons. The Buyer is not entitled to use the Digital goods or any part thereof to obtain any economic benefit or business (without any further license).

The Buyer is not entitled to alter or modify the Digital goods or any part thereof (including conversion to another data format) in any way, except in the case of technical modifications necessary for the use of the Digital goods for Personal Use in compliance with these conditions.

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

The Buyer undertakes not to attempt to remove, alter or circumvent the technical means of protecting the Digital goods or information on the identification of rights to the Digital goods.

The Buyer undertakes not to attempt to access the Digital goods otherwise than in accordance with these terms.

The Buyer acknowledges that any act of violating the prohibitions stated above is a violation of intellectual property rights with the possibility of law enforcement. This is also the reason for immediate termination of availability of purchased Digital goods (withdrawal) from the Seller.

Purchase of Digital goods

To purchase Digital goods, the Buyers enters the moment of sending the order of the selected Digital goods by clicking on the confirmation button within the payment gateway.

Before submitting the order, the Buyer has the opportunity to check the correctness of the data entered in the order and to correct or modify it. The delivery of the order will be promptly confirmed to the Buyer automatically from the server of the e-shop.

After payment for the Digital goods, the Seller will allow the Buyer to download Digital goods’ content (“Content”) by sending the information (direct download link) to the Buyer’s email within 24 hours after the respective payment has been credited to the Seller’s account.

The purchase price can be paid mainly by the following manners:

  • on-line via payment card or other available method stated on the checkout page
  • on-line via payment system PayPal

In the case of the download Digital goods, the Buyer is entitled to repeatedly download the Content, especially if the original copy was destroyed by him. But the Seller reserves the right to set a limit on the number of repeated downloads.

By agreeing to these terms, the Buyer expressly agrees to the delivery of the Content before the expiration of the withdrawal period and is aware that in such case he has no right to withdraw from the contract in accordance with Section 1829 of the Civil Code. The possibility to withdraw from the contract in accordance with the provisions of § 2001 and subsequent Civil Code is hereby not affected.

Complaints of Digital goods

Digital products, which are downloadable, such as pictures or music files, are not eligible for return.

Complaints on the Digital goods provided – in particular, the failure to provide Content in accordance with the order, the delay in providing the Content, the defects of the Content preventing its use by the Buyer, etc. shall be applied to the Seller without delay, either in writing to the address of the Seller’s office or by e-mail to the contact address band@behindthestars.net.

The Seller agrees to settle the claim within 30 days of receipt of the claim. If the Buyer doesn’t take another claim when making a claim, the Seller undertakes to resolve the identified defect by providing harmless Content in accordance with the Buyer’s order. If this is not possible or if the Buyers asks for a complaint, the Seller will refund the price already paid for the Digital goods in case of a legitimate complaint.

Update
Should we update, amend or make any changes to this document, those changes will be prominently posted here.

The Terms of Use of the Website are valid and effective as of 1st June 2018.