CARETTA SPA CZ s.r.o.

Headquarters:
Krmelínská 631, 739 29 Stará Ves nad Ondřejnicí

VAT:
24727237

TAX VAT:
CZ24727237

File mark:
C 38836 filed with the Regional Court in Ostrava

(hereinafter referred to as “Provider”) for the sale and provision of services through an online shop located at www.sauna-in.cz

Contact details of the Provider

Contact address:
Krmelínská 631, 739 29 Stará Ves nad Ondřejnicí

Contact e-mail:
recepce@sauna-in.cz 

Contact phone:
+420 724 201 221

Introductory provisions

These terms and conditions of business of the company SAUNAPARKY.CZ s.r.o., ID No. 05378541, with its registered office at Krmelínská 631, 739 29 Stará Ves nad Ondřejnicí, registered in the Commercial Register maintained by the Regional Court in Ostrava, Section C 38836 (within the meaning of Section 1751 of Act No. 89/2012 Coll, of the Civil Code, as amended, hereinafter referred to as the “Civil Code”) applies to the sale and provision of services in the online shop via the web interface located at the Internet address www.sauna-in.cz (hereinafter also referred to as the “web interface”) operated by the Provider.

The Terms and Conditions are part of the online store and define and specify the basic rights and obligations of the Provider and the Buyer. The Buyer acknowledges that the Terms and Conditions are binding on the parties. By sending the order and also by confirming it in the web interface, the Buyer confirms that he/she has read them and accepts these terms and conditions.

The provisions of the Terms and Conditions are an integral part of the Purchase Contract (any contract concluded in accordance with these Terms and Conditions is referred to herein as the “Purchase Contract”). The Purchase Contract and the Terms and Conditions are drawn up in the Czech language.

All contractual relations are governed by the Commercial Terms and Conditions and relations not governed by them by the Civil Code, and if the contracting party is a consumer, by Act No. 634/1992 Coll., on Consumer Protection, as amended.

In cases where a person who intends to purchase services from the Provider acts in the course of ordering the service in the course of his business or in the course of his independent exercise of his profession, or is a legal person, the consumer protection under these Terms and Conditions shall not apply to him, in particular the relevant provisions of Article 5 – Withdrawal from the Purchase Contract shall not apply.

Definition of terms

The buyer is a natural or legal person who intends to order services through the web interface. In view of the current legislation, a distinction is made between a Buyer who is not a consumer and a Buyer who is a consumer.

A consumer is any person who, outside the scope of his business activity or outside the scope of the independent exercise of his profession, concludes a contract with an entrepreneur or otherwise deals with him.

The services sold and provided through the web interface are spa, wellness, sauna, cooling services.

Order and conclusion of the purchase contract

The buyer orders services: within the registration in the web interface, i.e. directly through the web interface or without registration, i.e. verbally or by phone.

An order without registration (an order made otherwise than from a user account) must contain the exact name of the service ordered (or a numerical designation), the quantity (or length) and the Buyer’s personal data.

If the web interface allows it, the Buyer can access his/her user interface by registering in the web interface. The Buyer can order services from his/her user interface (hereinafter referred to as “user account”). The Provider shall not be liable for any misuse of the user account by third parties.

The Provider may cancel the user account, in particular if the Buyer does not use his/her user account for more than 2 years or if the Buyer breaches his/her obligations under the relevant purchase contract (including these Terms and Conditions).

The web interface contains a list of services and information about them, including prices for each service. The prices of services are listed in Czech crowns (CZK), including all taxes (including VAT) and other possible charges. The prices of the presented services remain valid as long as they are displayed in the web interface. Any discounts on the price of the services provided by the Provider to the Buyer cannot be combined unless the Provider expressly states otherwise.

All presentation of services placed in the web interface is of an informative nature and does not constitute an offer by the Provider (or its proposal for the conclusion of a contract; § 1732 paragraph 2 of the Civil Code does not apply).

Before sending the order to the Provider, the Buyer is allowed to check and change the data entered in the order, including with regard to the Buyer’s ability to detect and correct errors arising before and during the data entry into the order. The Buyer shall send the order to the Provider by clicking on the “proceed to payment” button. The data provided in the order are considered correct by the Provider.

The contractual relationship between the Provider and the Buyer arises (i.e. the purchase contract is concluded) upon delivery of the acceptance of the order (acceptance, hereinafter referred to as “order acceptance”), which is sent by the Provider to the Buyer by electronic mail to the Buyer’s electronic address, and if this does not occur, then by payment of the full purchase price. Acceptance of the order (acceptance) may be part of the acknowledgement of receipt of the order (if expressly stated in the acknowledgement), or may follow the acknowledgement separately.

The buyer agrees to the use of remote communication means in concluding the purchase contract. Costs incurred by the Buyer when using means of distance communication in connection with the conclusion of the Purchase Contract (in particular costs of internet connection, costs of telephone calls) shall be borne by the Buyer.

By the Purchase Contract, the Provider undertakes to deliver the services specified in the order to the Buyer and the Buyer undertakes to pay the Provider the purchase price of the service specified in the order.

The Buyer may cancel orders not yet confirmed by the Provider by calling the contact telephone number or by sending an email message to the Provider’s email address. All orders accepted by the Provider are binding.

The contents of the Purchase Agreement may be amended or supplemented only with the consent of both parties and only in writing.

The Buyer agrees to the Provider’s Visiting Rules, which he/she has familiarized himself/herself with in the web interface.

Payment terms and provision of service

The Buyer has the option to pay the price for the Service to the Provider listed in the web interface by any of the methods listed below:

cashless bank transfer or deposit of funds to the Provider’s account No. 276494320/0300, kept at ČSOB, Ostrava branch

cashless payment by credit card

in cash, at the place indicated on the web interface for the use of the service Any additional payments by the Buyer in connection with the above methods of payment of the price of the service are indicated in the web interface, in the order and will be indicated in the acceptance of the order

4.2. The method of payment shall be specified by the Buyer in the order (where any other payments in connection with the chosen method of payment will also be specified).

4.3. Payment for the Service is payable in Czech crowns (CZK).

4.4. In case of non-cash payment, the Buyer is obliged to pay the purchase price of the service together with the variable symbol of the payment – the order number. In the case of non-cash payment, the Buyer’s obligation to pay the purchase price is fulfilled at the moment of crediting the relevant amount to the Provider’s account.

4.5.  In cases of payment by wire transfer, the Buyer has the option to use the GoPay payment gateway, which will redirect him to the internet banking of his bank. He then sends the payment via internet banking. Money transfers are made via the GoPay account.

4.6. In the case of payment in cash, the purchase price is payable upon provision of the service. Unless otherwise agreed, the purchase price is payable before commencement of the service.

4.7. The service is always provided at the location indicated on the web interface.

4.8. The date of provision of the service depends on the agreement of the Provider and the Buyer.

4.9. The Buyer acknowledges that it has the right to withdraw from the Contract within 14 days of the conclusion of the Contract (see Article 5 of these Terms and Conditions).

Withdrawal from the purchase contract

5.1. The Buyer has the right to withdraw from the Purchase Contract within fourteen days of the conclusion of the Purchase Contract in accordance with the provisions of Section 1829 (1) of the Civil Code. The Buyer may send the withdrawal from the Purchase Agreement to the Provider’s contact address or to the Provider’s contact e-mail.

5.2. In the event of withdrawal from the Purchase Contract pursuant to paragraph 5.1 of these Terms and Conditions, the Purchase Contract shall be cancelled from the outset.

5.3. The Provider shall return to the Buyer the funds received from the Buyer under the Purchase Agreement. The Provider shall return the money within 14 days of the Buyer’s withdrawal from the Purchase Contract in the same manner in which it received it from the Buyer or in the manner requested by the Buyer.

5.4. If the Buyer withdraws from the contract and the Provider has started the performance based on the Buyer’s explicit request before the expiry of the withdrawal period, the Buyer shall pay the Provider a pro rata part of the agreed price for the performance provided up to the moment of withdrawal.

Liability for defects

6.1. The Buyer’s rights arising from defective performance are governed by the applicable generally binding regulations (in particular the provisions of Sections 1914 to 1925, Sections 2099 to 2117 and Sections 2158 to 2174 of the Civil Code).

6.2. The Buyer shall claim the rights from defective performance, including warranty liability, from the Provider at the Provider’s contact address or at the place of service provision. The date of claim shall be deemed to be the date on which the Seller received from the Buyer a notification of a service claim.

6.3. The services provided may be complained about during the course of provision. The Buyer is obliged to complain about hidden defects without undue delay after becoming aware of them.

6.4. The Provider shall be liable to the Buyer for the fact that the service provided is in conformity with the Purchase Agreement. Conformity with the purchase contract means in particular that the content of the service corresponds to the description, is provided by the person specified in the description of the service, is provided properly with professional care and lasts for the specified period of time.

6.5. Claims received are handled without undue delay, but no later than 30 days from the date of the claim, unless the Seller and the Buyer agree otherwise.

6.6. In case of a disputed claim, the Provider shall decide on its acceptance within three working days from the date of the claim.

Personal data protection

7.1. Protection of personal data of the Buyer, who is a natural person, is provided in accordance with Act No. 101/2000 Coll., on the Protection of Personal Data, as amended. The Seller further declares that all personal data provided are considered confidential, will be used only for internal use and will not be misused by the Seller.

7.2. Input data entered into the Internet Banking system is protected by the banks’ payment gateways and does not enter the environment of third parties, with the exception of payment processors. Payment processors only see the transaction information that the bank communicates to them with the transaction sent.

7.3. The Buyer agrees to the processing and collection of the following personal data: name and surname, e-mail address and telephone number, or any other personal data provided by him/her in the order or when registering a user account (hereinafter collectively referred to as “personal data”), until the Buyer expresses his/her written disagreement with this processing.

7.4. The Provider may delegate the processing of the Buyer’s personal data to a third party as a processor.

7.5. The Buyer has the right of access to his/her personal data, the right to have it corrected, including other legal rights to such data. The Buyer declares that he/she has been informed that the personal data may be removed from the database upon written request of the Buyer. The Buyer’s personal data is fully secured against misuse. The Provider does not pass on the Buyer’s personal data to any other person. The exception is persons involved in the provision of the service to the Buyer, to whom the personal data of customers are transferred to the minimum extent necessary for the provision of the service.

7.6. Personal data will be processed for an indefinite period of time. Personal data will be processed in electronic form in an automated manner or in paper form in a non-automated manner.

7.7. The Buyer confirms that the personal data provided is accurate and that he/she has been advised that this is a voluntary provision of personal data.

7.8. In the event that the Buyer believes that the Provider or the Processor carries out processing of his/her personal data that is contrary to the protection of the Buyer’s private and personal life or contrary to the law, in particular if the personal data are inaccurate with regard to the purpose of their processing, he/she may:

ask the Provider or Processor for an explanation,

require the Provider or Processor to remedy the condition so created.

7.9. If the Buyer requests information about the processing of his/her personal data, the Provider is obliged to provide this information. The Provider has the right to demand a reasonable fee for the provision of information according to the previous sentence, not exceeding the costs necessary to provide the information.

7.10. The Buyer agrees to send information related to the goods, services or the Provider’s company to the Buyer’s e-mail address. The Buyer also agrees to receive commercial communications from the Provider. The Buyer may revoke his/her consent under both preceding sentences at any time.

Final provisions

8.1. In matters not covered by the Purchase Agreement (including the Order and its acceptance) and the Terms and Conditions (or, where applicable, communications between the parties), the legal relationship shall be governed by the terms and conditions set out in the Web Interface. Information on the individual technical steps leading to the conclusion of the Purchase Contract can be found in the Web Interface.

8.2. The Provider is authorized to provide services on the basis of a trade license and the Provider’s activities are not subject to any other authorization. Trade control is carried out within the scope of its competence by the competent trade office. The Czech Trade Inspection Authority (http://www.coi.cz/) also controls compliance with consumer protection regulations and consumer protection rights are defended by consumer interest associations and other consumer protection bodies. Supervision of personal data protection is carried out by the Office for Personal Data Protection (http://www.uoou.cz/). Out-of-court handling of consumer complaints is provided by the Provider through its above-mentioned email address, or the Buyer may contact interest associations and other entities working in the field of consumer rights protection. The Provider is not bound by any codes of conduct in relation to the Buyer, nor does it voluntarily comply with any such codes (within the meaning of Section 1826(1)(e) of the Civil Code).

8.3. If any provision of the Terms and Conditions is or becomes invalid or ineffective or unenforceable (including for reasons of conflict with consumer protection law), the invalid provision shall be replaced by a provision whose meaning is as close as possible to the invalid provision. The invalidity or ineffectiveness or unenforceability of one provision shall not affect the validity of the other provisions. Amendments to the contract of sale or the terms and conditions shall be in writing.

8.4. The Purchase Contract, including the Terms and Conditions, is stored and archived by the Provider in electronic form and is not accessible to third parties (the provisions of these Terms and Conditions and the Act on the provision of the Purchase Contract and Terms and Conditions to the Buyer are not affected in any way). The Provider shall provide the Purchase Agreement including the Commercial Terms and Conditions to the Buyer upon request in text form (in electronic form by sending an email)

8.5. The Provider may change or supplement the wording of the Terms and Conditions. The rights and obligations of the parties shall always be governed by the wording of the Terms and Conditions under which they came into effect.

8.6. In the event of a query regarding the terms and conditions and the purchase contract, the Provider shall provide the Buyer with all necessary information without delay.

These terms and conditions are valid and effective from 01.05.2023