These General Terms and Conditions govern the purchase of goods via gotuna.cz and at physical stores operated by MyMiStore s.r.o., Company Reg. ID (IČO): 21535621, VAT ID: CZ21535621, registered address: K Radotínu 15, 156 00 Prague 5 – Zbraslav, Czech Republic.
These terms comply with Directive 2011/83/EU, the Czech Consumer Protection Act (No. 634/1992 Coll.), and the General Data Protection Regulation (GDPR, Regulation (EU) 2016/679).
All orders placed through the Go Tuna offline showroom and the gotuna.cz website are processed by MyMiStore s.r.o., including credit card transactions. MyMiStore s.r.o. is a corporate entity registered in the Czech Republic and bears full responsibility for fulfilling all orders placed across these platforms.
1. Formation of the Purchase Contract
- Submitting an order on the site constitutes an offer to enter into a purchase agreement pursuant to § 2079 et seq. of the Czech Civil Code (Act No. 89/2012 Coll.).
- The buyer is required to provide complete and truthful information necessary to process the order.
- The contract is deemed concluded once the order is formally confirmed by the seller.
- Receipt of the merchandise confirms agreement with these terms, unless a written objection is received by the seller within 14 days of delivery.
- Any contradictory or supplementary terms proposed by the buyer are deemed null and void.
- Sales representatives are not authorized to modify these terms.
2. Ordering and Payment
- Payment cards are debited only after the order has been verified and confirmed.
- The seller reserves the right to decline card payment methods.
- If card authorization fails, bank wire transfer will be offered as an alternative.
- Goods remain the exclusive property of the seller until paid in full; dispatch may be withheld pending payment clearance.
3. Delivery of Goods
- The delivery obligation takes effect upon order confirmation and is completed once handed over to the buyer.
- Transit times depend on the selected courier method and inventory levels. They are indicative, though the seller will make every effort to meet them.
- Selected items are immediately available in stock; others are built-to-order by manufacturers.
- Partial shipments are permitted. Total delivery charges will not exceed the initially agreed amount.
4. Damaged or Incorrect Goods
- The buyer must inspect items upon arrival and report defects or discrepancies within 14 calendar days.
- All shipping expenses for returning and replacing validated defects are covered by the seller.
- Risk of loss or damage rests with the seller until physical delivery to the buyer.
- If the buyer instructs the carrier to leave the package unattended or with a neighbor, risk transfers to the buyer immediately.
- Claims submitted after 14 days will not be considered unless proof of carrier/seller fault is provided.
- If products are damaged during a return transit arranged by the buyer, the buyer bears liability.
5. Erroneous Delivery
- Receipt of an incorrect product must be reported within 14 days.
- The seller will organize free replacement and cover all reverse logistics fees.
- The buyer is obliged to return mistakenly delivered items at the seller's expense.
- Failure to return such items within 14 days entitles the seller to invoice for their full market value.
6. Right of Withdrawal
- The buyer has the right to cancel within 14 calendar days of delivery without giving reason.
- Upon withdrawal, the buyer must return the merchandise and cover direct return postage.
- Notice of withdrawal must be submitted in writing (email or postal mail).
- Goods must be dispatched back within 14 days of giving notice.
- For online orders, returns can also be initiated through the account portal — [here].
- Unsealed or activated software, audio CDs, or DVDs;
- In-ear monitors, wind instrument mouthpieces, and personal hygiene products once opened;
- Custom-built, customized, or modified merchandise integrated into other hardware.
7. Seller's Liability
- The seller is not liable for indirect damages, including lost business profits, data corruption, or missed opportunities resulting from gear usage.
- Minor packaging variations or revisions do not constitute grounds for return.
- The seller safeguards personal data per GDPR but cannot be held liable for third-party breaches outside its control.
The seller reserves the right to cancel orders in case of:
- Product unavailability;
- Obvious pricing discrepancies or typos;
- Suspected fraud or unlawful activity;
- Abuse of return policies.
* In such events, a full refund is processed within 10 banking days.
8. Limitation of Liability
To the maximum extent permitted by applicable law:
- The seller is not liable for indirect or consequential losses.
- Total cumulative liability shall not exceed the amount paid for the specific item.
This does not affect statutory consumer rights.
9. Warranty
- All products carry a 2-year warranty, unless explicitly specified otherwise.
- If a defect surfaces within 180 days of receipt, it is presumed to have existed at delivery unless proven otherwise by the seller.
- Remedies include: repair, replacement, or reimbursement.
- If repair takes more than 30 days, the buyer is entitled to a replacement product.
10. Claims & Dispute Resolution
The buyer may file a complaint:
- In writing via email;
- Via the online return portal in the website customer account;
- By postal mail to the registered corporate office.
Oral phone complaints are not considered formal without written confirmation. See details in «Warranty Claims & Right of Withdrawal» — [here]. The seller will confirm receipt and adjudicate within 30 days.
For out-of-court dispute settlement, consumers may contact:
- The Czech Trade Inspection Authority (ČOI): www.coi.cz
- The European Commission Online Dispute Resolution platform: https://ec.europa.eu/consumers/odr
Legal disputes shall be resolved by the competent courts of the Czech Republic, unless otherwise mandated by statutory law.
11. Protection of Personal Data
- Customer data is protected under GDPR and the Digital Services Act (DSA).
- Registered users have the right to access, edit, and delete their data.
- Data erasure requests: hey@gotuna.com
- Information is utilized solely for order processing and service enhancements.
- Data sharing with third parties occurs solely with explicit consent.
- Privacy Policy — [here].
- The use of cookies is governed by an independent policy subject to prior consent — [here].
12. Cybersecurity
- The seller guarantees rigorous data protection under the Cyber Resilience Act (CRA).
- Customers are urged to utilize strong credentials and avoid disclosing sensitive passwords.
13. Contact Details
For inquiries regarding terms, orders, returns, or data rights:
Support operates on business days and responds within 2–3 working days.
14. Final Provisions
- These Terms become effective upon publication on the website.
- The seller reserves the right to modify these conditions with prior notification to consumers.
