TERMS AND CONDITIONS
THAI THAI MASSAGE
business address: Mustku 1, 110 00 Praha 1,
registered in the Trade Register of the Czech Republic with the ID number: 88220702
for on-line shop at lanna-k.cz
1. INTRODUCTORY PROVISIONS
1.1. This Terms and Condition (hereinafter referred to as “Terms”) of above mentioned seller (hereinafter referred to as “seller”) adjusted in accordance with § 1751 Sec. 1 of Act no. 89/2012 Coll., the Civil Code of Czech Republic (hereinafter referred to as “CC”) mutual rights and obligations of the parties arising in connection with or under a purchase contract (hereinafter referred to as “contract”) concluded between the seller and any other natural person (hereinafter referred to as “purchaser”) through an online store of seller. Inline store is operated by the seller on the website placed on the internet address lanna-k.cz (hereinafter referred to as "Website"), through the website interface (hereinafter referred to as "Web").
1.2. This Terms do not apply to cases where a person who intends to purchase goods or services (hereinafter referred to as “items”) from the seller is a legal entity or person acting when ordering items in the course of their business or in their independent practice of the profession.
1.3. This Terms do not apply to cases where a person who intends to purchase goods or services (hereinafter referred to as “items”) from the seller is a legal entity or person acting when ordering items in the course of their business or in their independent practice of the profession.
1.4. Provisions of the Terms are an integral part of the contract. The contract and the Terms are written in English language. The contract can be concluded in the Czech or in the English language.
1.5. The Terms may be amended by the Seller. This provision shall not affect the rights and obligations arising after the effective period of the previous version of Terms.
1.6. Seller is not liable to VAT.
2. USER ACCOUNT
2.1. Upon registration of the purchaser on the website, the purchaser can access his user interface (hereinafter "user account"). From your user account the purchaser can order items. In the event that the web interface allows it, the purchaser can order items without registration directly from Web.
2.2. When the purchaser registers on the website and ordering items he or she is obliged to provide correct and true information. The data referred to in the user account the purchaser is obliged to update, when any change required it. The data referred to the user account are deemed to be correct by the seller, when the purchaser is making any order.
2.3. Access to the user account is secured by a user name and password. The purchaser is obliged to maintain confidentiality regarding information necessaryto access the user's account.
2.4. Purchaser shall not allow the use of a user account to third parties.
2.5. Seller may cancel a user account, especially if the purchaser his account did not use more than one year,or if the purchaser breaches its obligations under the contract (including Terms).
2.6. Purchaser acknowledges that the user account may not be available at all times, especially with regard to the necessary maintenance of seller’s hardware and software or necessary maintenance of hardware and software of third parties.
3. CONCLUDING THE CONTRACT
3.1. Any presentation of items placed in the Web is indicative and the seller is not obliged to enter into a contract regarding these items. The provisions of § 1732 Sec.2 of the CC does not apply.
3.2. The Web contains information about the items, including the price of each item.Prices of items including all related charges. Prices of items remain in force as long as they are displayed on the Web. This provision is not limited to the seller to conclude a contract with individually negotiated terms.
3.3. The Web also includes information on the costs associated with packaging and delivery of items. Information on the costs associated with packaging and delivery of items listed in the Web applies only in most cases for delivery within the territory of the Czech Republic and free delivery. When delivery cost is not given on the Web, the purchaser would ask delivery cost inquire.
3.4. To order items, the purchaser fills an order form in the Web. Order form contains particular information on:
3.4.1. the ordered items (ordered items "insert" the purchaser into an electronic shopping cart of the Web),
3.4.2. method of payment of the purchase price items,
3.4.3. information about the required method of delivery of ordered items,
3.4.4. information on the costs associated with the delivery of items (hereinafter collectively referred to as the "Order").
3.5. Before sending the order to the seller, the purchaser is allowed to check and modify data which was entered into the order, and also with regard to the purchaser possibility to detect and correct errors during data entry into the order. The purchaser sends the order by clicking the appropriate button. The data referred to in the order are deemed correct by the seller.
3.6. Submitting an order is deemed the act of purchaser which unequivocal identifies ordered items, purchase price, a purchaser (not applicable to sale without registration), the method of payment of the purchase price, and is mutually binding purchase contract proposal. The condition of order is to fill all the mandatory data in the order form, become familiar with the Terms and confirmation of the purchaser that with the Terms met.
3.7. Seller immediately upon receipt of the order to the purchaser confirms receipting it by e-mail, to electronic mail address of the purchaser provided in the user account or in the order (hereinafter referred to as "purchaser’s email address").
3.8. Seller is always entitled to, depending on the nature of the order (quantity of items, purchase price, estimated shipping costs) to ask the purchaser for additional confirmation (such as writing or by telephone).
3.9. Contract proposal in the form of an order is valid for fifteen days.
3.10. The contractual relationship between the seller and purchaser arise delivery order acceptance (acceptance), which is sent to the purchaser via e-mail to the purchaser’s email address.
3.11. In the event that any of the requirements listed in the order the seller cannot meet, the seller shall send to the purchaser's email address altered offer, indicating the possible variants of the order and request the opinion of the purchaser.
3.12. The revised offer is considered a new draft contract of sale and contract in this case is not concluded until acceptance of the purchaser via e-mail.
3.13. Purchaser agrees to the use of distance communication in concluding the contract. Costs incurred by the purchaser when using means of distance communicationin connection with the closing of the contract (cost of internet access, telephone costs etc.) borne by the purchaser.
3.14. In the case of an unregistered purchase order is accepted by the seller upon receipt of the purchaser payment. Unregistered purchase is limited to only those items, payments and delivery manners, which are allowed by the Web.
4. PRICES OF ITEMS AND PAYMENT TERMS
4.1. Prices of items and any costs associated with the delivery of items according to the contract the purchaser may pay the seller by the possibilities offered for each item in the following ways:
a) in cash on the seller's address (see the business address);
b) cash on delivery at the place designated by the purchaser in order;
c) bank transfer to the seller's account no. 247993657/0300 kept by ČSOB Bank (hereinafter referred to as "Seller Account");
d) cashless via payment system GoPay;
e) cashless by payment card;
4.2. The purchaser is obliged together with the purchase price to pay to the Seller the costs associated with packaging and delivery of items at an agreed rate. Unless expressly stated otherwise, the purchase price includes the costs associated with the delivery of items.
4.3. The seller does not require from the purchaser pay a deposit or other similar payments. This is without prejudice to the provisions of Article 4.6 of Terms regarding the obligation to pay the purchase price items in advance.
4.4. In the case of payment in cash or in the case of payment on delivery purchase price is payable prior taking items. In the case of cashless payment of the purchase price is due within 7 working days from entering into the contract.
4.5. In the case of cashless payment, the purchaser is obliged to reimburse the purchase price of items together with the variable symbol of payment. In the case of cashless payment by the purchaser to pay the purchase price is a commitment met at the time the appropriate amount is credited the seller's account.
4.6. The seller is entitled, especially if the purchaser does not provide for additional confirmation (Art. 3.8), to require payment of the full purchase price before sending the items to the purchaser. The provisions of § 2119 Sec. 1 of the CC does not apply.
4.7. Any discounts on the price of items provided by the seller to the purchaser can be combined only according to the rules of the seller.
4.8. If it is customary in trade relations or, if so determined by generally binding legal regulations, the Seller will issue tax document - invoice - in respect of payments made under a contract purchaser. The tax document - invoice is issued by the seller to the purchaser after payment of the price of items and makes it available in electronic form to the purchaser.
5. WITHDRAWAL FROM THE CONTRACT
5.1. Purchaser acknowledges that pursuant to §1837 of the CC, among other things, cannot withdraw from the contract:
5.1.1. the supply of items whose price depends on fluctuations of financial markets beyond the control of the seller and which may occur during the period for withdrawal,
5.1.2. the supply of alcoholic beverages, which can be delivered only after the expiry of thirty days and whose price depends on fluctuations of financial market beyond the seller,
5.1.3. the supply of items that have been adjusted according to the wishes of the purchaser or his person,
5.1.4. the supply of items that are subject to rapid deterioration, as well as items that were delivered after irretrievably mixed with other items,
5.1.5. the supply of items in a sealed container, which the purchaser of unsealed hygienic reasons it is not possible to return,
5.1.6. the supply of audio or video recordings or computer program, if purchaser breached their original packaging.
5.2. If it is not the case under Art. 5.1 and about other cases where it is not possible to withdraw from the contract, the purchaser has, in accordance with § 1829 Sec. 1 of the CC, the right to withdraw from the contract, within fourteen (14) days from receipt of items, in the case the contract includes several types of items or delivery of several parts, this period runs from the date of receipt of the last delivery of the item. Withdrawal from the contract seller must be sent within the period specified in the preceding sentence.
5.3. To withdraw from the contract the purchaser may use the form provided by the seller, annexed to the Terms. Withdrawal from the contract the purchaser may be sent to the address of the registered office or the business address. Delivery of withdrawal is subject to the provisions of Article. 11 of these Terms.
5.4. In case of withdrawal from the contract pursuant to Art. 5.2 of the Terms, the contract is canceled from the beginning. Items must be returned to the Seller within fourteen (14) days from the withdrawal. If the purchaser withdraws from the contract, the purchaser bears the cost of returning the items to the seller, even in the case, where the items can not be returned by post because of their nature.
5.5. In case of withdrawal pursuant to Art. 5.2 seller returns the funds received from the purchaser within fourteen (14) days from the withdrawal from the contract by the purchaser in the same way as the seller it received from the purchaser. The seller is also entitled to return performance to the purchaser at the time of returning items by purchaser or otherwise, unless the purchaser will agree to and it does not create additional costs to the purchaser. If the purchaser withdraws from the contract, the seller is not obligated to return the funds received from the purchaser before he returns the items.
5.6. Claims for damage caused to items the seller is entitled unilaterally against the purchaser's claim for refund of the purchase price.
5.7. Pending the receipt of items by the purchaser, the seller may at any time withdraw from the contract. In this case, the seller will return the purchase price to the purchaser without undue delay through bank transfer to an account designated by the purchaser.
5.8. If along with the items provided to the purchaser gift, is the donation agreement between the seller and the purchaser concluded with resolutive condition, that occurs when a withdrawal from the contract by the purchaser loses donation agreement the effectiveness and the purchaser is required to return the items and gifts to the seller.
5.9. In the event of an unregistered purchase the seller and the purchaser agree to conclude a special purchase contract, which does not satisfy the requirements of § 1856 of CC, but both parties agree that a distance contract was concluded under CC Part 4, Section 2 without the rights of the purchaser the withdrawal this contract according § 1829 - § 1837 of CC (ie. return of the purchase within 14 days).
6. TRANSPORTATION AND DELIVERY OF ITEMS
6.1. In the event that the mode of transport is negotiated on the basis of a special request of the purchaser, the purchaser bears the risk and any additional costs associated with this form of transport.
6.2. If the seller under the sales contract is obliged to deliver the items to the place designated by the purchaser in the purchase order, the purchaser must assume the items are delivered.
6.3. In the event that the reasons for the purchaser item to be delivered repeatedly or in any other way than stated in the order, the purchaser is obliged to pay the costs associated with repeated delivery of items, respectively costs associated with other delivery method.
6.4. When taking items from the carrier, the purchaser is obliged to check the integrity of packaging items and in case of any defects mmediately notify the carrier. In the event of a breach reunion package indicative of intrusion into the consignment purchaser need not take shipment from the carrier.
7. RIGHTS OF DEFECTIVE PERFORMANCE
7.1. The rights and obligations of the parties regarding the rights of defective performance shall be governed by the relevant legislation(including the provisions of § 1914-1925, § 2099-2117 and § 2161-2174 of CC).
7.2. Seller is responsible to the purchaser upon receipt of the items that have no defects. In particular, the seller is responsible to the purchaser that at the time when the purchaser took items:
7.2.1. items have properties that the parties negotiated, and if there is no agreement, possesses characteristics which the seller or manufacturer has described or which purchaser expected given the nature of the items on the basis of advertisingc arried out by them,
7.2.2. Items that are suited to the purpose for which its use seller lists or to which the items of this type are typically used,
7.2.3. items correspond to the quality or performing the agreed sample or template, if it was quality or performance determined in accordance with the agreed sample or model,
7.2.4. the items are in the right quantity, measure or weight and
7.2.5. the items meet the requirements of the legislation.
7.3. The provisions referred to in Article. 7.2 of the Terms do not apply to items sold at a lower price per defect for which the lower price was negotiated, on worn items caused their usual use, for the used items for defect, which is proportional to the degree of wear and use, which had upon receipt of the item by purchaser, or if it results from the nature of the items.
7.4. In case there is a defect within six months of receipt, it is considered that the items were defective at the time of the takeover.
7.5. The rights of defective performance purchaser exercises with the seller at his premises in which it is possible taking into account the assortment sold items, or even the registered office or place of business. For the moment the claim shall be the moment when the seller receives from the purchaser disputed items.
7.6. Other rights and obligations of the parties relating to the liability of the seller for defects can modify the Complaints Procedure Seller.
8. OTHER RIGHTS AND OBLIGATIONS OF THE PARTIES
8.1. The purchaser acquires ownership of the items after payment of the full purchase price of items.
8.2. Sales remotely taken vouchers on services is protected only by uniquely assigned voucher code. Seller is not responsible, except the obligation to protect his databases with sold vouchers, for any possibility that third party to obtain a code. Such declassification of this code can lead to potential misuse of the voucher by unauthorized person. After picking up of voucher the purchaser is responsible for the code security, outside the aforementioned liability of the seller.
8.3. Since vouchers for services are time-limited and services are limited by the capacity of the seller, it is the responsibility of the purchaser (or holder) to book service timely. If the holder of the voucher will book at least 14 days prior to the expiration of the voucher and the Seller at this time shall have no spare capacity, seller will offer service to the holder in a alternate date.
8.4. If the holder of the voucher made a booking for the provision of services and does not come to use the service without below mentioned apology within 15 minutes after the term, the seller is entitled to apply for a voucher penalty by reducing the value of the voucher for 200 CZK per booked person and to cancel the reservation. If the holder of the voucher apologized at least 1 hour before the reservation, the seller will not use the sanction.
8.5. Seller is not in relation to the purchaser bound by codes of conduct within the meaning of § 1826 paragraph. 1 point. e) of CC.
8.6. Court complaint of consumers provides seller via email address info@lanna-k.cz. Information about the disposition of the complaint purchaser sends the seller to purchaser’s email address.
8.7. The seller is entitled to sell items to a merchant and service licence. Trade control is carried out within the scope of their respective Trade Office. Supervision privacy is exercised by the Office for Personal Data Protection. Czech Trade Inspection performs within the specified range, inter alia, supervising compliance with the Act no. 634/1992 Coll., On consumer protection, as amended.
8.8. Purchaser hereby takes the risk of changing circumstances within the meaning of § 1765 Sec. 2 of CC.
9. PERSONAL DATA PROTECTION
9.1. Privacy of purchaser, who is a natural person, is provided by Act no. 101/2000 Coll., On Personal Data Protection, as amended.
9.2. Purchaser agrees to the processing of their personal data: name, address, identification number, tax identification number, email address, telephone number and date of birth (hereinafter collectively referred to as "personal data").
9.3. Purchaser agrees to the processing of personal data by the seller, for the purpose of realization of the rights and obligations under the contract and for the purposes of maintaining a user account. If the purchaser does not select another option, consent to the processing of personal data by the seller as well as for the purpose of sending commercial messages and information to the purchaser. Consent to the processing of personal data in its entirety pursuant to this article is not a condition that alone would make it impossible purchase contract.
9.4. Purchaser acknowledges that it is required to enter personal information (when registering, in user account, when ordering from the web) correctly and truthfully and without undue delay to inform the seller of a change in their personal data.
9.5. Personal data shall be processed for an indefinite period. Personal data will be processed electronically in an automated manner or in printed form non-automated manner.
9.6. Purchaser acknowledges that the personal information is accurate and that he was advised that it is voluntarily provide personal information.
9.7. In the event that the purchaser thought that the seller or processor (Art. 9.5) processing of his personal data that is inconsistent with the protection of private and personal life of the purchaser or against the law, especially if the personal data is inaccurate with respect the purpose of processing, can:
9.7.1. to ask the seller or processor for an explanation,
9.7.2. to require the seller or processor to remedy the situation.
9.5. If the purchaser requests information about the processing of their personal data, the seller must deliver this information. Seller has the right to provide information pursuant to the preceding sentence, require reasonable compensation not exceeding the cost of providing the necessary information.
10. SENDING OF BUSINESS COMMUNICATION AND STORING COOKIES
10.1. Purchaser agrees to receive information related to goods, services or company of the seller to the purchaser's email address and agree to receive commercial communications of the seller to purchaser's email address.
10.2. Purchaser agrees with saving so-called cookies on his computer. In the event that the purchase on the Web can be made and obligations of the seller to perform the contract of sale, without storage so-called cookies on the computer of purchaser, the purchaser may consent under the preceding sentence at any time.
11. DELIVERY
11.1. Notice concerning the relations of the seller and the purchaser, especially regarding withdrawal from the contract, must be received by mail by registered letter, unless the purchase contract states otherwise. The notification shall be delivered to the appropriate contact the other party and shall be deemed received and effective upon their delivery through the mail, with the exception of the notification of withdrawal made by the purchaser when the withdrawal is effective, if the purchaser notification deadline for withdrawal is sent.
11.2. Notification shall be deemed for the announcement, the takeover was rejected by the addressee, which was not picked up in time deposit, or which was returned as undeliverable.
11.3. The parties may mutually deliver regular correspondence by e-mail, at the e-mail address specified in the user account of the purchaser or the purchaser specified in the order, respectively to the address listed on the Web.
F12. FINAL PROVISIONS
12.1. If the relationship of the purchase agreement includes an international (foreign) element, the parties agree that the relationship is governed by Czech law. This does not affect the rights of consumers resulting from the generally binding legal regulations.
12.2. If any provision of the Terms is invalid or ineffective, or such happens, the invalid provision will be replaced by a provision whose meaning is to invalid provision as close as possible. The invalidity or unenforceability of one provision is without prejudice to the other provisions. Amendments and supplements to the contract or business conditions require written form.
12.3. The contract including the Terms is archived by the seller in electronic form and is not accessible.
12.4. The Terms attachment constitutes a model form for withdrawal from the contract.
12.5. Contact details of Seller: postal address Thai Thai Massage, Na Mustku 1, Praha 1, 11000, Czech Republic, e-mail address info@lanna-k.cz, phone +420 777 936 946.
In Prague, on December 8, 2014.
Sat Kulnok
representative of the operator