Terms and Conditions

These General Terms and Conditions of Business (hereinafter referred to as "GTC") specify the rights and obligations of the Seller and the Buyer, the online shop located at the web address www.noty.online (hereinafter referred to as "e-shop noty.online"), through the interface of the website (hereinafter referred to as "e-shop interface noty.online"). The operator of the noty.online e-shop is Blesk Market s.r.o., ID No.: 64084841, with its registered office at Petřvald, Ostravská 544, Postal Code 735 41, a company registered in the Commercial Register maintained by the Regional Court in Ostrava, Section C, Insert 8641 (hereinafter referred to as "Blesk Market").

The following sections describe the GTC of Blesk Market on the noty.online e-shop:
1. Basic Provisions
2. Customer Account
3. Conclusion of the purchase contract
4. Price of goods and payment terms
5. Withdrawal from the purchase contract
6. Transport and delivery of goods
7. Rights arising from defective performance
8. Other rights and obligations of the parties
9. Data protection, sending commercial communications and storing cookies
10. Delivery of correspondence
11. Final provisions

These GTC also include the Complaints Policy and the Privacy Policy described in the e-shop noty.online.

1.1    These General Terms and Conditions regulate in accordance with the provisions of § 1751 paragraph 1 of Act No. 89/2012 Coll. 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 the purchase contract (hereinafter referred to as the "purchase contract") concluded between Blesk Market and another person who intends to purchase goods through the noty.online e-shop of Blesk Market (hereinafter referred to as the "Customer").
1.2    These GTC do not apply to cases where the Customer is a legal entity or a person who, when ordering goods, acts as part of his business activity or as part of his independent performance of a profession.
1.3    Provisions deviating from the GTC may be agreed in the purchase contract. Deviating provisions in the Purchase Contract take precedence over the provisions of the GTC.
1.4    The provisions of the GTC are an integral part of the purchase contract. The Purchase Contract and the GTC are drawn up in the Czech language. The Purchase Agreement may also be concluded in English.
1.5    Blesk Market is entitled to change or amend the wording of the GTC. This provision does not affect the rights and obligations arising during the period of validity of the previous version of the GTC.
1.6    The Customer is obliged to read these GTC and by placing an order with Blesk Market accepts these GTC and agrees to their content.

2.1    Based on the Customer's registration in the e-shop noty.online,  the Customer can access his/her user interface. From his/her user interface, the Customer can order goods (hereinafter referred to as the "Customer Account").
2.2    When registering in the e-shop noty.online and when ordering goods, the Customer is obliged to provide correct and truthful information. The Customer is obliged to update the information provided in the Customer Account in case of any change. The information provided by the Customer in the Customer Account and when ordering goods is considered correct by Blesk Market.
2.3    Access to the Customer Account is secured with a username and password. The Customer shall maintain confidentiality regarding the information necessary to access his Customer Account.
2.4    The Customer is not entitled to allow third parties to use the Customer Account.
2.5    Blesk Market may cancel the Customer Account, especially if the Customer does not use his/her Customer Account for more than 360 days or if the Customer breaches his/her obligations under the Purchase Agreement (including the GTC).
2.6    The Customer acknowledges that the Customer Account may not be available continuously, especially with regard to the necessary maintenance of the hardware and software equipment of the e-shop noty.online, or the necessary maintenance of hardware and software equipment of third parties.

3.1     All presentation of goods placed in the interface of the e-shop noty.online is of an informative nature and Blesk Market is not obliged to conclude a purchase contract regarding these goods. The provisions of Section 1732 (2) of the Civil Code do not apply.
3.2    The interface of the noty.online e-shop contains information about the goods, including the prices of the individual goods and the costs of returning the goods if they cannot be returned by normal postal means. The prices of the goods are inclusive of VAT and all related charges. The prices of the goods remain valid for as long as they are displayed in the interface of the noty.online e-shop. This provision does not restrict the possibility for Blesk Market to conclude a purchase contract on individually agreed terms.
3.3    To order goods, the Customer fills in the order form in the interface of the e-shop noty.online. The order form contains in particular information about:
-   ordered goods (the ordered goods are "inserted" by the Customer into the electronic shopping cart in the interface of the e-shop noty.online)
-    the method of payment of the purchase price of the goods, details of the required method of delivery of the ordered goods
- information about the costs associated with the delivery of the goods (hereinafter collectively referred to as the "Order").
3.4    Before sending an order to Blesk Market, the Customer is allowed to check and change the data entered in the order, including with regard to the Customer's ability to detect and correct errors made when entering data into the order. The Customer sends the order to Blesk Market by clicking on the "Send Order" button. The data provided in the order is considered correct by Blesk Market. Immediately upon receipt of the order, Blesk Market will confirm receipt to the Customer by e-mail to the Customer's e-mail address specified in the Customer's account or order (hereinafter referred to as the "Customer's e-mail").
3.5    Depending on the nature of the order (quantity of goods, purchase price, estimated shipping costs), Blesk Market is always entitled to ask the Customer for additional order confirmation (e.g. in writing or by phone).
3.6    The draft purchase contract in the form of an order is valid for fifteen (15) days.
3.7    The contractual relationship between Blesk Market and the Customer is established by delivery of the order acceptance sent to the Customer by Blesk Market to the Customer's e-mail.
3.8    In the event that any of the requirements specified in the order cannot be fulfilled, Blesk Market will send the Customer an amended offer by e-mail, indicating the possible variants of the order and requesting their opinion.
3.9    The amended offer is considered a new proposal of the purchase contract and the purchase contract is in this case concluded only after acceptance by the Customer via his e-mail.
3.10    The customer agrees to the use of remote communication means when concluding the purchase contract. The costs incurred by the Customer when using means of communication at a distance in connection with the conclusion of the purchase contract (costs of Internet connection, costs of telephone calls) are covered by the Customer himself.

4.1  The Customer may pay the price of the goods and any costs associated with the delivery of the goods under the Purchase Agreement to Blesk Market in the following ways:
-    by wire transfer to Blesk Market's account (hereinafter referred to as "Blesk Market's account"):
•    for payment in Czech crowns to the account no. 2300176381/2010, kept at Fio banka, a.s.,
•    for payment in Euro to account IBAN: CZ9620100000002200750075 SWIFT: FIOBCZPPXXX, maintained at Fio banka, a.s.,
-    payment by credit card
4.2      Together with the purchase price, the Customer is also obliged to pay Blesk Market the costs associated with the packaging and shipping of the goods in the agreed amount. Unless expressly stated otherwise, the purchase price shall also include the costs associated with the delivery of the goods.
4.3    Company Blesk Market does not require a deposit or other similar payment from the Customer. This is without prejudice to the provisions of Article 4.6 of the GTC regarding the obligation to pay the purchase price of the goods in advance.
4.4    In case of non-cash payment, the purchase price is payable within five (5) working days from the conclusion of the purchase contract.
4.5.    In case of non-cash payment, the Customer is obliged to pay the purchase price of the goods together with the variable symbol of the payment. In the case of non-cash payment, the Customer's obligation to pay the purchase price is fulfilled when the relevant amount is credited to the account of Blesk Market.
4.6    Blesk Market is entitled, especially if the Customer fails to confirm the order (Article 3.6), to demand payment of the full purchase price before the goods are sent to the Customer. Section 2119 (1) of the Civil Code shall not apply.
4.7    Any discounts on the price of goods provided by Blesk Market to the Customer cannot be combined with each other.
4.8     If it is customary in the commercial relationship or if it is stipulated by generally binding legal regulations, Blesk Market shall issue a tax document - invoice to the Customer in respect of payments made under the Purchase Agreement. Blesk Market is a payer of value added tax. The tax document - invoice will be issued by Blesk Market to the Customer after payment of the price of the goods and sent in electronic form to the Customer's e-mail.
4.9    According to the Sales Records Act, Blesk Market is obliged to issue a receipt to the Customer. At the same time, it is obliged to register the received sales with the tax administrator online; in case of technical failure, within 48 hours at the latest.

5.1         The Customer acknowledges that according to the provisions of Section 1837 of the Civil Code, the Purchase Contract cannot be withdrawn from, among other things:
5.1.1 The sheet music that is offered and delivered by the e-shop noty.online is considered to be a delivery of digital content. Due to the nature of the service we offer, the buyer agrees not to claim cancellation of the purchase agreement in the event that he/she has already attempted to print the sheet music (clicked on the printer icon next to the purchased sheet music), but the printing fails due to reasons beyond the seller's control, such as poor print settings, paper jam in the printer, low toner, etc.
5.2 Unless the case referred to in Article 5.1 of the GTC or any other case where the Purchase Contract cannot be withdrawn from, the Customer shall have the right to withdraw from the Purchase Contract within fourteen (14) days of receipt of the Goods, in accordance with the provisions of Section 1829(1) of the Civil Code, whereby if the subject of the Purchase Contract is several types of Goods or the delivery of several parts, this period shall run from the date of receipt of the last delivery of the Goods. Withdrawal from the purchase contract must be sent to Blesk Market within the period specified in the previous sentence. The Customer may send the withdrawal from the Purchase Contract, among other things, to the address of Blesk Market's premises (Ostravská 544, 73541 Petřvald) or to Blesk Market's e-mail address, info@noty.online.
5.3 The Customer has the right to withdraw from the contract in full or in part by returning part of the goods.
5.4 In the event of withdrawal from the purchase contract pursuant to Article 5.2 of the GTC, the purchase contract shall be cancelled from the outset. The Goods must be returned by the Customer within fourteen (14) days from the delivery of the withdrawal from the Purchase Agreement to Blesk Market. If the Customer withdraws from the Purchase Agreement, the Customer shall bear the costs of returning the goods to Blesk Market, even if the goods cannot be returned by normal postal means due to their nature.
5.5 In the event of withdrawal from the Purchase Agreement pursuant to Article 5.2 of the GTC, Blesk Market shall return the funds received from the Customer within fourteen (14) days of the Customer's withdrawal from the Purchase Agreement in the same manner as Blesk Market received them from the Customer. Blesk Market is also entitled to return the performance provided by the Customer already upon return of the goods by the Customer or in any other way, provided that the Customer agrees to this and no additional costs are incurred by the Customer. If the Customer withdraws from the purchase contract, Blesk Market is not obliged to return the received funds to the Customer before the Customer returns the goods to Blesk Market or proves that he/she has sent the goods to Blesk Market.
5.6 Blesk Market is entitled to unilaterally set off any claim for damages to the goods against the Customer's claim for a refund of the purchase price.
5.7 In cases where the Customer has the right to withdraw from the purchase contract in accordance with § 1829 paragraph 1 of the Civil Code, Blesk Market is also entitled to withdraw from the purchase contract at any time until the Customer has taken delivery of the goods. In this case, Blesk Market shall refund the purchase price to the Customer without undue delay, without any delay, to the account designated by the Customer.
5.8 If a gift is given to the Customer together with the goods, the gift contract between Blesk Market and the Customer is concluded with the condition that if the Customer withdraws from the purchase contract, the gift contract regarding such gift shall cease to be effective and the Customer shall be obliged to return the gift to Blesk Market together with the goods.

6.1 If the method of transport is agreed upon on the basis of a special request by the Customer, the Customer bears the risk and any additional costs associated with this method of transport.
6.2 If Blesk Market is obliged under the Purchase Agreement to deliver the goods to the location specified by the Customer in the order, the Customer shall be obliged to take delivery of the goods upon delivery.
6.3 In the event that for reasons on the Customer's side it is necessary to deliver the goods repeatedly or in a different manner than specified in the order, the Customer shall pay the costs associated with the repeated delivery of the goods or the costs associated with a different method of delivery.
6.4 On receipt of the goods from the carrier, the Customer shall check the integrity of the packaging of the goods and shall notify the carrier immediately in the event of any defects. In the event that the packaging is found to have been breached indicating that the shipment has been tampered with, the Customer may not accept the shipment from the carrier. This is without prejudice to the Customer's rights under liability for defects in goods and other rights of the Customer under generally binding legal regulations.
6.5 Further rights and obligations of the parties in the carriage of goods may be regulated by the special delivery conditions of Blesk Market, if they are described in the interface of the noty.online e-shop

7.1 The rights and obligations of the contracting parties with regard to rights arising from defective performance are governed by the applicable generally binding regulations (in particular Sections 1914 to 1925, Sections 2099 to 2117 and Sections 2161 to 2174 of the Civil Code).
7.2 Blesk Market shall be liable to the Customer that the goods are free from defects upon receipt. In particular, Blesk Market shall be liable to the Customer that at the time the Customer took delivery of the goods:
7.2.1 the goods have the characteristics agreed between the parties and, in the absence of an agreement, have the characteristics described by Blesk Market or the manufacturer or expected by the Customer in view of the nature of the goods and on the basis of the advertising carried out by them,
7.2.2 the Goods are fit for the purpose for which they are stated by Blesk Market to be used or for which Goods of that kind are normally used,
7.2.3 the goods are in the appropriate quantity, measure or weight,
7.2.4 the goods comply with the requirements of the law.
7.3 The provisions set out in Article 7.2 of the GTC shall not apply in the case of goods sold at a lower price to a defect for which the lower price was agreed, to wear and tear of the goods caused by their normal use, or in the case of second-hand goods to a defect corresponding to the level of use or wear and tear which the goods had when taken over by the Customer, or if this results from the nature of the goods.
7.4 If the defect manifests itself within six months of receipt, the goods shall be deemed to have been defective upon receipt.
7.5 The Customer shall assert the rights arising from the defective performance at the address of Blesk Market's business premises, where the acceptance of the claim is possible with regard to the range of goods sold, or at the registered office or place of business. The moment of claim is considered to be the moment when Blesk Market received the claimed goods from the Customer.
7.6 Further rights and obligations of the parties related to the liability of Blesk Market for defects may be regulated by the Complaints Procedure described in the interface of the noty.online e-shop.

8.1 The Customer acquires ownership of the Goods upon payment of the full purchase price of the Goods.
8.2 Blesk Market is not bound by any codes of conduct in relation to the Customer within the meaning of Section 1826(1)(e) of the Civil Code.
8.3 The handling of consumer complaints is handled by Blesk Market via e-mail info@noty.online. Information on the handling of the Customer's complaint shall be sent by Blesk Market to the Customer's e-mail.
8.4 The Czech Trade Inspectorate, with its registered office at Štěpánská 567/15, 120 00 Prague 2, ID No.: 000 20 869, internet address: https://adr.coi.cz/cs, is competent for out-of-court settlement of consumer disputes arising from the Purchase Contract. The online dispute resolution platform located at http://ec.europa.eu/consumers/odr can be used to resolve disputes between Blesk Market and the Customer arising from the purchase contract.
8.5 The European Consumer Centre Czech Republic, with registered office at Štěpánská 567/15, 120 00 Prague 2, internet address: http://www.evropskyspotrebitel.cz is the contact point under 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 online dispute resolution for consumer disputes).
8.6 Blesk Market is authorised to sell goods under a trade licence. Trade control is carried out within the scope of its competence by the competent trade authority. Supervision of the protection of personal data is exercised by the Office for Personal Data Protection. The Czech Trade Inspection Authority supervises, among other things, compliance with Act No. 634/1992 Coll., on Consumer Protection, as amended.
8.7 The Customer hereby assumes the risk of change of circumstances within the meaning of Section 1765(2) of the Civil Code.

9.1 You can read about what personal data Blesk Market processes on the noty.online e-shop, for how long, under what circumstances it sends commercial messages and the purpose and scope of storing cookies in our Personal Data Protection Policy.

10.1 Unless otherwise agreed, all correspondence related to the Purchase Contract must be delivered to the other party in writing, by e-mail, or in person or by registered mail via a postal service provider. Delivery to the Customer shall be made to the Customer's e-mail address.
10.1.1 In the case of delivery by e-mail, the message is deemed to have been delivered at the moment of receipt on the incoming mail server. A message delivered in person or through a postal service provider is deemed to have been received when the addressee accepts the parcel or refuses to accept the parcel. In the case of delivery through a postal service provider, the consignment shall also be deemed to have been delivered on expiry of the period of 10 days following the deposit of the consignment and the giving of a request to the addressee to take delivery of the deposited consignment, if the consignment is deposited with the postal service provider, even if the addressee has not been informed of the deposit.

11.1 If the relationship established by the Purchase Agreement contains an international (foreign) element, the parties agree that the relationship shall be governed by Czech law. By choosing the law according to the preceding sentence, the Customer, who is a consumer, is not deprived of the protection afforded by the provisions of the legal order which cannot be derogated from contractually and which would otherwise apply in the absence of a choice of law according to the provisions of Article 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).
11.2 If any provision of the GTC is or becomes invalid or ineffective, the invalid provision shall be replaced by a provision whose meaning is as close as possible to the invalid provision. The invalidity or ineffectiveness of one provision shall not affect the validity of the other provisions.
11.3 The Purchase Agreement including the GTC is archived by Blesk Market in electronic form and is not accessible.
11.4 Contact details:
- Address, place of business, warehouse: Ostravská 544, 735 41 Petřvald
- Phone: +420 596 541 237
- Mobile: +420 603 453 327
- E-mail: info@noty.online

These GTC including their components shall take effect on 01.05.2022.