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GENERAL TERMS AND CONDITIONS

These General Terms and Conditions (hereinafter referred to as “GTC”) form part of a contract for a work under Section 631 et seq. of Act no. 40/1964 Coll., Civil Code, concluded between

Theatrica

civic association registered in the register of civil associations headed by the Ministry of the Interior with registered office at 1 Björnsonova Street, 811 05 Bratislava – Staré Mesto, Slovak Republic

ID (company (registration) number): 42182778
TIN (tax (identification) number): 2023155277
Account Number: SK8011000000002928848104
SWIFT: TATRSKBX

E-mail: info@darujhudbu.sk
Tel: +421 911 777 742

(hereinafter referred to as the “Contractor”) on the one hand

and the ordering party, on the other hand, to create a custom musical work.

  1. Introductory provisions

  1. These GTCs govern the mutual rights and obligations of the parties arising from a contract of work concluded between the Contractor and the Customer, the purpose of which is to create a musical work in the area of classical music (hereinafter referred to as the “Work”) by the Contractor or, by the contractors as subcontractors working with him / her, on the basis of orders placed by the ordering party by post, by telephone or by e-mail specified on www.darujhudbu.sk, unless the parties explicitly use these GTCs.

  1. Processing of personal data

  1. The contractor as an operator will only process the personal data provided to the client for performance of the contract and only to the extent necessary for performance of the contract and after the contract has been fulfilled exclusively for internal accounting purposes for the period stipulated by the accounting regulations. After this time, the contract with the customer itself will be archived in accordance with archival regulations, but no further processing of the data will take place.

  2. The contractor does not release the identity of the ordering party or the person whom the composition has been dedicated unless the customer asks for the contrary.

  3. The identity of the contractor as an operator and contacts for receiving complaints for processing are listed in the header.

  4. The Contractor does not provide personal data of the customer to other persons other than the accounting company M. M. K., Ltd. (for bookkeeping purposes).

  5. The Customer has the right to request from the Contractor as an Operator access to his or her personal data and has the right to request the repair or erasure or limitation of the processing, or to object to the processing, as well as the right to data accuracy. It also has the right to make a complaint to the Supervisory Authority, which is the Office for the Protection of Personal Data of the Slovak Republic.

  1. Subject of the work contract

  1. The Contractor undertakes to ensure the creation and delivery to the Client on the site of the specified work (i.e. a dedicated score of a musical work with a demo, or a professional recording or, together with the provision of concert performance, according to the specification of the ordering party) to the ordering party and the ordering party undertakes to take charge and pay for the agreed price. In the event that the ordering party also orders concerts, the Contractor must provide this at his own expense (including artists’ fees, royalties, hall rentals and music material, etc.) within 6 months of the submission of the work; the customer will be able to decide whether to be a private or public concert. If the Purchaser has special requirements for the auditorium or performing artists, the Contractor will make every effort to comply with it, but the excess costs will be paid by the Customer and a 6-month period after the submission of the work to ensure concert performance may be exceeded.

  2. The customer orders the work as a rule from the types of works published on the site and, optionally, on the basis of their specific requirements; but this offer is only a challenge to a contract and does not guarantee the availability of the work offered. The contract is closed by the confirmation (acceptance) of the order by the Contractor.

  3. Changes to the specification of the work by the contractor after the works contract can be negotiated only on the assumption that work has not been commenced on the works and that, as the case may be, revised price and deadline will be an addendum to the original works contract.

  4. The buyer acquires ownership of the work (i.e., the material expression of the musical work) after full payment of the price.

  5. Part of the Contractor’s performance is not the granting of authorization for the public performance and other use of the work that is generally administered by SOZA. However, in the case of recording or concerts, the Contractor shall be responsible for arranging copyrights of artistic works and artistic performances for the purposes of the production of a phonogram or for the purpose of performing concerts.

  6. If the client wishes to put a certain text to music and does not leave the selection to the Contractor, he / she is responsible for the complete settlement of the rights to such a text, except that it would be free work according to the Slovak copyright law.

  1. Work price and payment terms

  1. The price of the work is stipulated in the contract or in a confirmed order in EUR.

  2. Unless otherwise stated, the price is payable upon the receipt of the work. The contractor requires a prepayment of 50% of the price.

  3. The price may be paid according to the choice of the customer in the following ways:

  1. to the postal or parcel post operator when delivering the work on the delivery note;

  2. transfer to the bank account of the Contractor;

  3. payment by electronic means enabling remote payment when allowed on the site.

  1. The Contractor usually issues the tax document in writing and delivers it to the Customer as a rule, together with the submission of the work. However, the Contractor is entitled, according to his decision, to issue the tax document also in electronic form and to deliver it to the e-mail address specified by the Customer as a contact person. The Customer agrees to issue a tax document in electronic form, if the credibility of the origin and the integrity of the tax document content are guaranteed by law.

  1. Execution and Upload of Work / Delivery Terms

  1. For the proper execution of the work which is delivered to the customer is considered a work in the usual quality and in accordance with the works contract.

  2. The contractor prepares the sender’s order according to the order of the customer (at the cost and risk of the customer) at the customer’s stated.

  3. The Contractor undertakes to execute and deliver the Work within the term specified in the Contract between the Contractor and the Customer, which may be exceeded only due to important reasons worthy of special consideration, e.g. composer’s illness.

  1. Liability for defects and consumer warranty

  1. The warranty period is for consumers 24 months after the receipt of the work. If the customer has taken over the work after the date on which the work was due to take over, the warranty period shall run from the date on which the obligation arises. As a warranty sheet, the consumer presents a tax document for the purchase of the work.

  2. The customer is required to view the work immediately after its delivery and is obliged to report obvious errors without undue delay after the delivery of the work.

  3. For the exclusion of doubt, it is expressly stated that the artist’s reservations about the artistic quality of a work are not considered as defects in the work, and it is not possible to complain about this or similar reason, also taking into account the fact that the client may become acquainted with the author’s work before closing works contracts.

  4. If the defects occur on the parts during the warranty period (e.g. poor technical quality of the audio media, unreadable score, etc.), the consumer is entitled to claim the defect free of charge at the Contractor. In the case of a defect that cannot be removed and which prevents the work from being properly used as a work without defect, the customer has the right to withdraw from the contract. Withdrawal from the contract is effective upon delivery to the Contractor of a notice of withdrawal from the Contractor. In the case of an unrecoverable defect, which does not prevent the proper use of the work according to the order, the customer is entitled to an appropriate discount.

  5. Claims arising from the guarantee are claimed by the consumer by a postal claim made by the Contractor addressed to the address of the Contractor’s seat. In the case of a claim, the ordering party is obliged to submit a tax document or otherwise reliably prove the purchase of the work (delivery note, etc.) and describe the defects that are or appear to be.

  6. After submitting a complaint, the Contractor shall issue a written confirmation to the Customer about the date when the Customer has exercised his right, the content of the claim and the way the Customer requests the complaint. The Contractor shall also give the Customer a confirmation of the date and method of handling the claim, including confirmation of the repair and the duration of the repair, and, in the case of a rejected complaint, the reason for the refusal.

  7. The Contractor shall handle the complaint and remedy the defects within 30 days of the date of the complaint, and within that period shall also inform the Customer of the manner in which the complaint is made; if the Contractor does not remove removable defects within this period, i tis agreed that, the defect cannot be removed and the Customer may request a reasonable discount or may withdraw from the Contract in the extent of the defective performance.

  1. Removal of the consumer from the contract

  1. The customer in the position of the consumer has no right to withdraw from the contract without giving any reason, because each work is made on the individual order of the customer.

  1. Common provisions

  1. The works contract is governed by Slovak law. The parties’ contract liability is governed by Act No. 40/1964 Coll., The Civil Code, as amended.

  2. If the Customer is a consumer, he / she has the right to contact the Contractor for a remedy if he / she is not satisfied with the manner in which the Contractor has rectified his / her complaint or if he believes that the Contractor has infringed his / her rights. If the Contractor responds negatively or fails to respond to this request within 30 days after its posting, he or she has the right to file an alternative dispute solution to the Alternative Dispute Resolution Body (ARS) pursuant to Act No. 391/2015 Z.z. on an alternative dispute resolution of consumer disputes, except that the amount of the dispute cannot be quantified at EUR 20. An ARS entity is the Slovak Trade Inspection or another legal entity registered in the list of ARS entities led by the Ministry of Economy. The proposal can be submitted by the consumer to the ARS in paper form, electronically or verbally. The proposal can also be submitted by the consumer via the form available at the SOI website www.soi.sk or via the ARS platform available on the EU website:

    http://ec.europa.eu/consumers/odr/index_en.htm

    Alternative dispute resolution conducted by the Slovak Trade Inspection is free of charge, another ARS entity may require the consumer to pay for starting up an ARS to a maximum of EUR 5 with VAT. The ARS entity terminates the alternative dispute resolution in principle within 90 days of its commencement.

  3. The Customer acknowledges that all content made available to the public on the site is, or may be, subject to the Intellectual Property Rights of the Contractor or third parties, and no one is entitled to change or otherwise process or use it without the consent of the person entitled.

  1. Transitional and final provisions

  1. These GTCs are published on the site. The original GTC is deposited at the Contractor’s premises. The Contractor is obliged to allow the Customer to inspect the original GTC and to write off their debit at his own expense. Upon request by e-mail to the Contractor’s electronic address, the Contractor shall send the VOP depreciation to the Customer in electronic form.

  2. The Contractor is entitled to change the GTC: the amendment of GTC will not affect the already concluded contracts.

  3. The customer is obliged to keep his contact details up to date until all his obligations under the contract have been fulfilled.

  4. If the individually negotiated contractual provisions differ from the GTC, such provisions have prior application of GTC provisions.

  1. Effectiveness

  1. These GTCs enter into force on 1 January 2018 and apply to contracts concluded at the time of their entry into force.