Terms and conditions
GENERAL TERMS AND CONDITIONS - VOUCHERS
These general terms and conditions (hereinafter referred to as the "Terms and Conditions") of Jirkovo s.r.o., with its registered office at K Dálnici 334, Světice ZIP code: 251 01, identification number: 10690913, registered in the commercial register maintained by the Municipal Court in Prague, section C, insert 346698 (hereinafter or only the "Seller") regulate the purchase of the Seller's Vouchers via the Seller's online store, or the procedure for concluding the Purchase Agreement between the Seller and the Customer, their mutual rights and obligations established by the Purchase Agreement or related to it, and the procedure and conditions for using the purchased Voucher. These Terms and Conditions also contain complaint conditions, delivery and payment conditions and information on the provision and protection of personal data and out-of-court settlements, including business communications.
The operator of the online store at the address https://www.mybodysalon.cz/ and the provider of the services paid for with the voucher is the company:
Jirkovo s.r.o., with registered office K Dálnici 334, Světice ZIP code: 251 01, identification number: 10690913, registered in the commercial register maintained by the Municipal Court in Prague, section C, insert 346698
Contact information:
Address for delivery: Břehová 40/1 Prague 110 00
E-mail: rezervace@mybodysalon.cz
The above-mentioned information also serves as contact information for dealing with matters according to these Terms and Conditions and the relevant legislation relating in particular to the purchase of vouchers, their use and the online store.
These Terms and Conditions are published on the website https://www.mybodysalon.cz/. By submitting an Order in accordance with these Terms and Conditions, the Customer confirms that he has familiarized himself with their content (the Notices before concluding the purchase contract and the information provided on the Web Interface are an integral part of the Terms and Conditions), that he expressly and unreservedly agrees with them, as amended and effective at the time of dispatch of the Order in terms of these Terms and Conditions. The terms and conditions form an integral part of the purchase contract.
1. INTRODUCTORY PROVISIONS
1.1 For the purposes of these Terms and Conditions, the terms below have the meaning defined in this provision:
The Purchase Agreement is a contract concluded between the Customer and the Seller, the subject of which is the Seller's obligation to deliver the Voucher to the Customer and the Customer's obligation to pay the agreed price for the Voucher under the conditions set forth in the Purchase Agreement and these Terms and Conditions; Customer means a person who is interested in purchasing a Voucher and/or has purchased it;
The holder of the voucher is the person who has the voucher in their possession and uses it, or submits to the Provider for the purpose of payment for the Provider's Performance, while this person may be different from the Customer;
The seller is the trading company Jirkovo s.r.o., with registered office at K Dálnici 334, Světice ZIP code: 251 01, identification number: 10690913, registered in the commercial register maintained by the Municipal Court in Prague, section C, insert 346698
Provider means the Seller;
The performance of the provider means the provision of services by the Provider, namely services offered by the Provider at the choice of the Voucher Holder on the basis of the Performance Agreement concluded between the Voucher Holder and the Provider;
Performance contract means the contract concluded between the Voucher Holder and the Provider, the subject of which is the Performance of the Provider;
Consumer means any person who, outside the scope of his business activity or outside the scope of the independent exercise of his profession, concludes a Purchase Agreement with the Seller or deals with him in any other way;
A voucher is a document issued by the Seller in electronic form, which serves the Voucher Holder for full payment of the Provider's services, while the Voucher Holder will agree on the provision of services of his choice with the Provider on the basis of the Performance Agreement.
By purchasing a Voucher, you purchase a specific service that can be used during the Voucher's validity period (6 months from its purchase). The prices of the Provider's services may change during the validity of the Voucher. The Voucher contains, in particular, the description of the services that are the subject of the Voucher, information about the Provider, the date of expiry of the Voucher and the unique numerical code of the Voucher in the upper right corner;
The price of the voucher is the term defined in paragraph 3.1 of Article 3 of the Terms and Conditions;
The Civil Code is Act No. 89/2012 Coll., the Civil Code as amended;
Web interface means the interface of the Seller's website located at https://www.mybodysalon.cz/.
1.2 Notice of the Seller before the conclusion of the Purchase Agreement for the Consumer:
the cost of means of distance communication does not differ from the basic rate of the Customer's Internet or telephone connection provider; The seller does not charge any additional fees;
The consumer has the right to withdraw from the Purchase Agreement under the conditions, terms and procedure specified in Article 5 of these Terms and Conditions;
in case of withdrawal from the Purchase Agreement, the Voucher is invalidated, the Customer does not bear the costs associated with returning the Voucher, as he does not return it,
with a complaint, the Consumer can turn to a supervisory or state supervision authority, which are listed in particular in Article 6. of these Terms and Conditions.
1.3 If the Customer or Voucher Holder is a Consumer, the relationships, rights and obligations of the Purchase
contract and the use of the Voucher by these Business Terms and Conditions not expressly regulated by the Civil Code, as amended and Act No. 634/1992 Coll. on consumer protection, as amended (hereinafter referred to as the "Consumer Protection Act"). If the Customer or Voucher Holder is a person other than the Consumer, the relationships and rights and obligations are governed by these Business Terms and Conditions not expressly regulated by the Civil Code.
1.4. These Terms and Conditions further regulate the rights and obligations of the contracting parties when using the Website and other related legal relationships.
1.5. If the Purchase Agreement regulates the issue addressed by the Terms and Conditions differently, these deviating provisions take precedence over the provisions of these Terms and Conditions.
1.6. The purchase contract and the Terms and Conditions are drawn up in the Czech language. The purchase contract can only be concluded in the Czech language, unless the Seller and the Customer agree otherwise.
1.7 The concluded Purchase Agreement is archived in electronic form with the Seller, who will allow the Consumer access to it.
1.8 The wording of the Terms and Conditions may be changed or supplemented by the Seller. This provision does not affect the rights and obligations arising during the effective period of the previous version of the Terms and Conditions.
2. VOUCHER ORDER, CONCLUSION OF THE PURCHASE CONTRACT AND DELIVERY OF THE VOUCHER
2.1 The customer orders the Voucher (hereinafter referred to as the "Order") and pays for it via the Web interface at https://www.mybodysalon.cz/ in the "Vouchers" tab. Information on the individual technical steps leading to the execution of the Order is also visible from the Web Interface.
2.2 In the first step, the Customer fills in all the information required in the order form, in particular the selected service, his contact details. Before sending the Order, the correctness and completeness of the filled-in data must be checked in each step. The data provided in the sent Order are considered correct and binding. It is necessary to inform the Seller about their change without undue delay by e-mail at the address indicated in the header of these Terms and Conditions. The Customer sends the order by pressing the "Order" button.
By sending, the Order is binding for the Customer. In the second step, the Customer is invited to pay the Voucher Price via bank transfer (see Article 3. Terms and Conditions), while paying the Customer follows the instructions on the Web Interface, or the Customer chooses the option to pay in cash when receiving the Voucher at the Contact address Břehová 40 /1 Praha 110 00. Upon successful payment of the Voucher Price, the Customer will receive a confirmation of payment, which also includes the details of the invoice, by means of an e-mail message delivered to the e-mail address specified in the Order. If payment of the Voucher Price does not take place, or if the Voucher Price is not paid, the Order is canceled and a new Order must be made. The customer is immediately informed about this through the Web interface and an e-mail message delivered to his e-mail address specified in the Order.
2.3 After payment of the Voucher Price, the Customer is informed about the acceptance and execution of the Order on the Web interface from which he sent the Order, and also via an e-mail message delivered to his e-mail address specified in the Order. This step is considered acceptance (acceptance) of the Order by the Seller.
2.4 The voucher is issued on the day of payment of the voucher price. Immediately after payment of the Voucher Price, the Voucher is sent to the customer in electronic form in JPG format via e-mail message according to the previous paragraph 2.3. The delivery of the Voucher to the Customer is considered to be the delivery of an e-mail message containing the Voucher attachment in JPG format. The costs associated with the delivery of the Voucher are borne by the Seller.
2.5 The purchase contract is concluded at the moment of delivery of the acceptance (acceptance) of the Order according to paragraph 2.3 of this Article 2 to the Customer. The Purchase Agreement consists of the Order and the acceptance (acceptance) of the Order, these Terms and Conditions are also part of the Purchase Agreement. The business terms and conditions are sent to the Customer together with the receipt (acceptance) of the Order sent according to paragraph 2.3 of this Article 2. The Purchase Agreement is archived by the Seller in electronic form and is not accessible to non-participating third parties, with the exception of any legal obligation to make such disclosure or during archiving. It is available to the customer at any time at his request.
2.8 The Customer acknowledges that the Seller excludes, in the sense of § 1726, the conclusion of the Purchase Agreement without negotiating all its requirements stipulated by the Civil Code.
3. PRICE AND PAYMENT TERMS
3.1 The price of the voucher is the amount equal to the value of the Voucher service, which is chosen by the Customer in the Order in accordance with these Terms and Conditions. The Price is payable by sending the Order via the Web Interface, and the Customer's obligation to pay the Price is fulfilled when the relevant amount is credited to the Seller's account.
3.2 The price of the voucher shall be paid by the Customer before delivery of Vvoucher cashless via bank transfer or in cash upon receipt of the Voucher at the Contact address Břehová 40/1 Prague 110 00. Payment is provided through the Seller's contractual partner. Sensitive input data that the Customer enters into the Internet banking system are protected by the banks' payment gateways and do not reach third parties. Payment processors only see the transaction information that is communicated to them by the bank that sent the transaction.
3.3 Costs incurred by the Customer when using remote means of communication in connection with the conclusion of the Purchase Agreement (costs of Internet connection, costs of telephone calls) are borne by the Customer.
4. VOUCHER APPLICATION PROCEDURE AND CONDITIONS
4.1 The voucher can be used for the service chosen by the Provider at its My Body Salon establishment.
The performance of the provider, i.e. the provision of the services specified in this paragraph 4.1, is a separate relationship between the Voucher Holder and the Provider.
4.2 The holder of the voucher orders the service chosen by the Buyer, or reserves the date and range of services, either by telephone or via the electronic reservation form located on the website www.mybodysalon.cz or otherwise (in person, via e-mail, etc.). In the order for Fulfillment by the provider, it is always necessary to include information about the use of the Voucher together with its unique numerical code and the selected Voucher service (on the Website or the relevant web interface, they will do so in a note or according to the instructions provided there).
4.3 The Voucher can only be used (i.e. redeemed at the Provider and the service used using the Voucher) only before the expiry of its validity period, which is 6 months from the date of its issue. The expiry date of the Voucher is indicated in its text. If the Voucher Holder does not use the Voucher during its validity period, the rights and obligations associated with the Voucher expire upon its expiry, without the right to a refund of the Voucher Price.
4.4 The voucher can only be used once.
4.5 The Customer prints out the Voucher after receiving it, and in this paper form the Voucher is transferable and transferable to another person (it is not issued to a specific person). The holder of the voucher, who uses it with the Provider, has the same rights as the Customer, with the exception of the right to withdraw from the Purchase Agreement and the exercise of rights from defective performance from the Purchase Agreement, which are valid only for the Customer.
4.7 The voucher cannot be exchanged for cash. The voucher cannot be combined with other vouchers.
4.8 Upon delivery, the Voucher is transferred to the Customer, or The holder of the voucher is responsible for its loss, theft or damage, while the right to use it in such cases ceases. In justified cases, the Provider can provide a replacement Voucher.
4.9 If the Voucher applies to a service, the provision of which is according to legal regulations or conditions
The provider is subject to reaching a certain age or special eligibility, it can only be used by a person who meets these conditions. Otherwise, the Provider is entitled to reject the Voucher.
4.10 Given that the Voucher is tied to the provision of services, the Customer, by accepting the Terms and Conditions expressly in the sense of § 1823 of the Civil Code, agrees to their provision by the Provider even before the expiration of the period for withdrawing from the Purchase Agreement.
5. TERMINATION OF THE CONTRACTUAL RELATIONSHIP ESTABLISHED BY THE PURCHASE AGREEMENT
5.1 The contractual relationship based on the Purchase Agreement can be terminated by the Seller's agreement with the Customer or by withdrawal from the Purchase Agreement made by the Seller or the Customer for reasons according to the Civil Code. The consequence of the termination of the contractual relationship is the invalidation of the Voucher, which the Seller will carry out in the first case upon the agreed termination of the contract, in case of withdrawal on the day of cancellation of the Purchase Agreement.
5.2 By withdrawing from the Purchase Agreement, the Purchase Agreement is canceled from the beginning and is viewed as if it had not been concluded. In such a case, the Seller is obliged to return the paid Voucher Price to the Customer within 14 days of withdrawal from the Purchase Agreement, in the same way as he received it from the Customer, unless the Customer specifies another method. In addition to the methods mentioned above, the Seller can always return the money by sending it to the bank account provided by the Customer or the account from which the funds were transferred to pay the Voucher Price, if the Customer does not provide any other account within 5 days of withdrawing from the Purchase Agreement. By accepting these Terms and Conditions, the Customer expresses his consent to the sending of funds according to the previous sentence, on the condition that the Customer does not incur any additional costs in this way.
5.3 Withdrawal from the Purchase Agreement must be made in writing, while for the purposes of these Terms and Conditions, communication via electronic mail (e-mail) at the address listed in the header of these Terms and Conditions is also considered to be in writing.
5.4 The consumer has the right to withdraw from the Purchase Agreement within the meaning of § 1829 of the Civil Code also within 14 calendar days from the delivery of the Voucher (according to paragraph 2.6 of article 2.), without giving a reason and without any penalty, unless it is a case according to paragraph 5.6 of this article. To meet the withdrawal deadlinefrom the Purchase Agreement, it is sufficient to send the withdrawal from the Purchase Agreement before the expiration of the period specified in the previous sentence.
5.5 The Customer, who is not a Consumer, does not have the right to withdraw from the Purchase Agreement according to the previous paragraph 5.4 and is entitled to withdraw from it only if the Civil Code so provides.
5.6 If the Voucher is used by the Provider in accordance with these Terms and Conditions within 14 days of its acceptance, the Consumer thereby loses the possibility to withdraw from the Purchase Agreement.
6. COMPLAINTS, RIGHTS FROM DEFECTIVE PERFORMANCE, INFORMATION ON OUT-OF-JUDICIAL DISPUTE RESOLUTION
6.1 The Seller is responsible to the Customer that the Voucher is free of legal and/or factual defects upon acceptance (i.e. upon delivery to the Customer in electronic form).
6.2 If the Voucher contains defects (e.g. a different Voucher than the one ordered by the Customer was delivered, the Voucher contains printing errors, etc.), the Customer has the right to request the delivery of a new Voucher without defects.
6.3 The Customer's rights from defective performance of the Purchase Agreement (i.e. defects in the Voucher) are governed by the relevant provisions of the Civil Code (in particular the provisions of § 1914 to 1925 and the provisions of § 2537 to § 2540 of the Civil Code); in the case of a Consumer, then also by Act No. 634/1992 Coll., on consumer protection, as amended. Rights from defective performance can be exercised with the Seller, whose contact details are listed in the header of these Terms and Conditions or on the Website.
6.4 Defects in the Voucher must be reported to the Seller without undue delay via the contact details listed in the header of these Terms and Conditions, but no later than 7 days after receiving the Voucher. If the Customer did not report the defect without unnecessary delay after he could have discovered it during a timely inspection and sufficient care, the court will not grant him the right from defective performance.
6.5 Complaints, including the removal of the defect, must be handled without undue delay, no later than thirty (30) days from the date of the complaint, unless the Seller and the Customer agree on a longer period. Missing this deadline is considered a material breach of contract.
6.6 If the Seller does not remove the item defect in time or refuses to remove the item defect, the Customer may request a discount from the Voucher Price, or may withdraw from the Purchase Agreement. The customer is entitled to reimbursement of reasonable costs associated with the complaint only if the complaint was justified.
6.7 Interruption of the operation of the Web interface for technical or other reasons is not a reason for complaint.
6.8 The rights of the Voucher Holder from liability for defects in the services provided on the basis of the Performance Agreement (Performance of the Provider) are exercised by the Voucher Holder against the Provider, and their application and resolution are governed by the complaint conditions that apply to the defective service provided. The entity responsible for out-of-court dispute resolution (ADR) from the Purchase Agreement between the Seller and the Customer, if he is a Consumer, is according to § 20e letter d) Act No. 634/1992 Coll., on consumer protection, as amended, Czech Trade Inspection, with registered office at Štěpánská 567/15, 120 00 Prague 2, ID number 00020869, internet address: https://www.coi.cz / or another entity authorized by the Ministry of Industry and Trade.
7. RIGHTS AND OBLIGATIONS WHEN USING THE WEBSITE AND STORING COOKIES
7.1 The Seller warns the Customers that, regardless of whether they make a purchase through the Web Interface or just visit it, it is necessary to follow the following rules, which define and specify the conditions of use of all functional components of the Web Interface.
7.2 The customer acknowledges that the software and other components making up the web interface of the store are protected by copyright. The customer undertakes not to perform any activity that could allow him or third parties to interfere or use the software or other components making up the Web interface.
7.3 The customer is not entitled to use mechanisms, programs, when using the Web interface
equipment or other procedures that could have a negative effect on the operation of the Web Interface. The web interface can only be used to the extent that it does not affect the rights of other customers of the Seller and that is in accordance with its purpose.
7.4 In relation to the Customer, the Seller is not bound by any codes of conduct within the meaning of the provisions of § 1826 paragraph 1 letter e) Civil Code.
7.5 The Customer acknowledges that the Seller is not responsible for errors arising as a result of interventions by third parties in the Website or as a result of using the Website contrary to their intended purpose.
7.6 The website stores files, generally called cookies, on the Customer's device. These serve to ensure the functionality or improve the use of the Website and are also used in the field of advertising and marketing. By using the Website, the Customer agrees to the storage and use of cookies. The Customer can limit or block the storage and use of cookies.
8. PROTECTION OF PERSONAL DATA, SENDING COMMERCIAL MESSAGES
8.1 All personal data communicated to the Seller will be handled in accordance with Act No. 101/2000 Coll., on the protection of personal data (hereinafter referred to as the "Personal Data Protection Act"). The seller is registered with the Office for Personal Data Protection. The seller declares that he will collect personal data to the extent necessary to fulfill the stated purposes and process them only in accordance with the purpose for which they were collected.
8.2 By sending the Order, the Customer confirms that he has familiarized himself with the content of the information provided by these Terms and Conditions on the processing of personal data and commercial communications and gives the Seller his consent:
8.2.1 with the processing of personal data within the meaning of the Act on the Protection of Personal Data by the Seller as administrator, or other persons with whom, as a processor, the Seller concludes the relevant contract pursuant to § 6 of the Act on the Protection of Personal Data, including the disclosure and transfer of the provided data to these processors and persons according to § 14 of the Personal Data Protection Act cooperating with the Seller on the basis of the contract, namely
a) for the purposes of negotiation, conclusion, fulfillment of the Purchase Agreement and for the possible exercise of claims arising from it in the scope of first and last name, electronic mail address (e-mail), business name, registered office address, identification number, tax identification number and for the time being necessary necessary to achieve the specified purpose for which personal data is processed, but no longer than until the full settlement of the rights and obligations arising from the Purchase Agreement;
b) for business and marketing purposes, in particular offering business and services, informing about the offers, events and activities of the Seller, sending business communications via electronic means in the sense of Act No. 480/2004 Coll., on certain information society services and on changes to certain laws in the wording of later regulations (hereinafter referred to as the "IS Services Act"), which will include commercial communications regarding the Seller's products, services, products and activities, including name and surname, electronic mail address (e-mail), business name , registered office address, identification number, tax identification number and for an indefinite period;
8.2.2 with the use of the electronic contact details provided in the Order for the purpose of disseminating business communications within the meaning of the IS Services Act (i.e. with the sending of business communications to the Customer via electronic means by the Seller, which will include the Seller's business communications.
8.3
Due to the nature of existing (and potential) mutual relationships, the provision of the above data and/or consent to their processing is voluntary.
8.4. The seller may process personal data and distribute business communications only with the consent of the person to whom the data relates, unless the law provides otherwise (Act on the Protection of Personal Data in the provisions of § 5 paragraph 2, when data processing is necessary for the conclusion and fulfillment of contracts or for protection of the rights and legally protected interests of the Seller, § 5 paragraph 5, when the Seller, if he has obtained personal data from the Customer in connection with his activities, may use data in the scope of name, surname, address for marketing purposes - offering a business or service; Act on IS Services in provision § 7, when consent is not required for sending a commercial message regarding its own similar products and services, if the Seller has obtained electronic contact details for electronic mail from its customer in connection with the sale of a product or service in accordance with the requirements of the Act on IS Services provided that the customer has the option to refuse consent in the manner established by law, if he has not done so before).
8.5 The seller, as the controller of personal data, is entitled, on the basis of a contract pursuant to § 6 of the Personal Data Protection Act, to entrust the processing of personal data to another person as a processor, including the transfer of personal data for the defined purpose and scope of their processing. The Seller may also make available and pass on the provided data to persons pursuant to § 14 of the Act cooperating with the Seller as an administrator on the basis of a contract, only to the extent and under the conditions set by the administrator or processor; these persons have a statutory or contractual duty of confidentiality.
8.6 Personal data provided will be processed (manually or using computer technology) by persons specifically authorized to do so. This personal data will be securely stored in electronic or paper form with secure access.
8.7 The Customer may revoke the consent given to the processing of the provided personal data in writing at any time, the Customer may express his/her disagreement with the processing of data for business and marketing purposes and with the sending of commercial communications via electronic mail to the Customer's e-mail at any time, either to the contact addresses listed in these Terms and Conditions or when sending an individual message by e-mail, also by clicking on the relevant field of the message, by which consent to the use of the e-mail address can be refused.
8.8 The seller is obliged (and based on his instructions, the processor) to dispose of personal data as soon as the purpose for which they were processed no longer exists, or at the request of the customer according to § 21 of the Personal Data Protection Act;
8.9 The Customer has rights according to §§ 11, 12 and 21 of the Act on the Protection of Personal Data, in particular the right of access to his personal data and, based on a written request, the personal data controller will provide the Customer with information about the personal data processed about him free of charge;
8.10 The customer has the right, if he believes that the personal data administrator or processor is processing his personal data in violation of the protection of his private and personal life or in violation of the Personal Data Protection Act, to ask the personal data administrator or processor for an explanation and to demand, that the personal data administrator or the processor remove the state thus created; the administrator of personal data or the processor are obliged to immediately eliminate the situation thus created, if the Customer's request is found to be justified;
8.11 The Customer has the right to contact the Office for the Protection of Personal Data (www.uoou.cz) with a request or complaint, if the personal data administrator or the processor does not comply with his request according to the previous paragraph, the Customer can also contact this office directly.
9. DELIVERY
Unless otherwise agreed, all correspondence related to the Purchase Agreement must be delivered to the other contracting party in writing, by electronic mail, in person or by registered mail via a postal service provider (at the sender's choice). It is delivered to the Customer to the Customer's electronic address specified in his Order. It is delivered to the seller at the address of the registered office or the e-mail address listed in the header of these Terms and Conditions.
10. FINAL PROVISIONS
10.1 These Terms and Conditions are valid and effective at the time of their publication. A new version of the Terms and Conditions may be published on the Website. On the day of publication of the new terms and conditions, unless otherwise specified, the previous terms and conditions shall cease to be valid and effective. The version of the terms and conditions that was valid and effective at the time the Order was sent applies to the concluded Purchase Agreement.
10.2 Relationships related to the use of the Website, the legal relationship established or related to the Purchase Agreement or the use of the Voucher are governed by the legal order of the Czech Republic, even if it contains an international (foreign) element.
10.3 These Terms and Conditions take effect on 1 December. 2022. Changes to the Terms and Conditions are reserved.
Jirkovo s.r.o., 1 December 2022