TERMS AND CONDITIONS
GENERAL TRADE CONDITIONS ( hereinafter „ VOP “ or „ Business conditions “ )
issued by a company
with its registered office in Brno, Vídeňská 277/68, postal code 639 00, ID: 241 77 997, entered in the Commercial Register kept at the Regional Court in Brno, Section C, Insert 99787
for the sale of goods, services through an online store located at the Internet address
( hereinafter „ Provider “ ), on the one hand,
and another natural person who is a customer of the ( e-shop only „ Customer “ ), on the other hand,
( hereinafter collectively „ Contracting Parties “ ).
Unless otherwise stated by these GTC or clearly does not follow from the context otherwise, the terms written with a capital letter are used in both the singular and the plural in the following meanings:
Certificate: a document authorizing its holder to draw Services from the Provider’s offer, directly designated and / or stated;
Email: a text, voice, audio or video message sent via a public electronic communications network that can be stored on a network or terminal device until it is picked up by the recipient;
E-shop: internet application available in the Internet network, developed for the purpose of displaying, selecting and ordering Services mostly through the Certificate, available at www.thajske-masaze-brno.cz, www.thajske-masaze-vyskov.cz, www.thajske- masaze-olomouc.cz,
GDPR: Regulation of the European Parliament and of the Council ( EU ) 2016/679;
Cart: an E-shop functionality that is automatically generated by the User by adding or subscribing to the Services;
Civil Code: Act no. 89/2012 Coll., Civil Code, as amended;
Client: is the person who ordered the Services, the Certificate with the Provider via the E-shop or in person at the establishment, for the purposes of these GTC it is also the person who is the recipient of the Services and/or buyer of the Goods;
Order: completed transaction by the Client with the intention to conclude a Contract on the provision of services and / or a Purchase Agreement to the Goods, at the touch of a button;
Personal data: any information about the User on the basis of which the User can be identified directly or indirectly;
Reservation: binding choice of date and place where the Service is to be provided by the Provider;
Services: massage and relaxation services provided by the Provider, available according to the current offer of the Provider, to the extent and place chosen by the Client;
Consumer: is any Client who is a natural person and enjoys consumer protection under applicable law;
Pages: means the web application of the operator of the E-shop, which can be viewed with a web browser, available at www.thajske-masaze-brno.cz, www.thajske-masaze-vyskov.cz, www.thajske-masaze-olomouc.cz,.
Contract for the provision of services: contract pursuant to §1746 para. 2 of the Civil Code, the Civil Code concludes with the seller and the customer through the E-shop;
Contract: for the purposes of these GTC, means the Service Agreement and / or the Purchase Agreement;
User account: an account for the reservation system and e-shop, established under the conditions of these GTC in order to simplify the administration of reservations;
User data: personal data about the Client who registered with the User Account and other data concerning in particular the history of his business transactions and purchasing preferences;
Web interface: is a set of measures that in some ways limit the functionality and capabilities of the User within the web application of the Eshop;
Website: pages available in the Internet network under a registered domain www.thajske-masaze-brno.cz, www.thajske-masaze-vyskov.cz, www.thajske-masaze-olomouc.cz;
Goods: item offered for sale in the environment of the E-shop or in the environment of individual establishments according to the current offer;
2.1. The subject of these GTC is the regulation of rights and obligations in the creation of the Contract on the Provision of Services, when, on the one hand, the Provider’s obligation to provide the Client with massage and relaxation services ( „ Services and on the other hand, the Client’s obligation to pay the agreed Award for these Services.
2.2. The subject of these GTC is the regulation of rights and obligations in the creation of the Purchase Agreement for Goods, when on the one hand the Provider’s obligation ( in the position of seller ) to sell to the Client ( in the position of buyer ) Goods and on the other hand the Client’s obligation to pay the agreed Price for the Goods.
2.3. The subject of the GTC is also the regulation of the rights and obligations of the Contracting Parties in the use of the website located at www.thajske-masaze-brno.cz, www.thajske-masaze-vyskov.cz, www.thajske-masaze-olomouc.cz,., or the reservation system and E-shop available at the web address www.thajske-masaze-brno.cz, www.thajske-masaze-vyskov.cz, www.thajske-masaze-olomouc.cz,., And other related legal relations between the Contracting Parties.
2.4. If the Client is a person who is a legal entity or a person who acts when ordering the Services within the scope of his business activity or within the scope of his independent performance of the profession, then it is obliged to inform the Provider about it. The provisions of the GTC, which apply exclusively to the Consumer, do not apply to these persons.
2.5. The Provider is a person who operates the E-shop and the Website, while the Services are provided at the site of individual establishments, unless otherwise agreed. The individual establishments are operated by the following entity, with which the Provider acts for the purpose of providing the Services, or when selling the Goods in conformity.
2.5.1. Fasay, s.r.o., IČ: 241 77 997, with its registered office at Vídeňská 277/68, 639 00 Brno, for which Siriporn Hofr, executive, acts
3.1. The subject of the Contract on the Provision of Services is the provision of Services to the Client.
3.2. The Client orders the Services of his choice ( in the quantity, quality and place he chose ), in the manner ( on-line, at the ) establishment of his choice. The order is a draft contract for the provision of services and is binding. The order can be accepted by the Provider only if all required data is filled in. How to order the Services is possible online ( in the user environment ), in person at the establishment, by phone or e-mail.
3.3. The contract for the provision of services as amended by these GTC is concluded at the time of registration of the Client, or by making an Order, or at the establishment at the time of payment of the Service, whichever comes first.
3.4. The Client undertakes to pay the price of the Services, which is stated for individual types of Services, including any costs for printing and transport of the Certificate.
3.5. The Provider is entitled to limit the choice of the Client of the Services or payment methods even without giving a reason, the offer of services is only indicative and the Provider may change this.
3.6. The Client chooses the method of payment exclusively from the offered options in the E-shop. The customer is obliged to pay the costs of making the payment he has chosen, in the amount stated for this method of payment.
3.7. The customer is obliged to make the payment properly with all required requirements and on time.
3.8. The customer is obliged to pay the costs of postage and packing, in the amount specified in the Order.
3.9. The Provider undertakes to deliver the Certificate within a reasonable time from the payment or termination of the Order, if cash on delivery payment has been selected. The deadlines listed in the E-shop are only indicative.
3.10. The method of packaging of the Certificate is determined exclusively by the Provider; §2097 of the Civil Code does not apply hereby.
3.11. To order the Service, the Client fills in the Order in the E-shop.
3.12. The order form contains in particular information on:
3.12.1. Order ( ordered type Services „ inserts “ Client into electronic shopping cart web interface E-shop ),
3.12.2. the price of the Services and the method of its payment,
3.12.3. information on the required method of delivery of the ordered Certificate, if selected,
3.12.4. and information on the costs associated with the delivery of the Certificate.
3.13. The order is sent by the Client by clicking on the button „ order “ or another similar button, by which the Order is terminated and sent to the Provider, taking into account all circumstances.
3.14. All presentation of the Services located in the web interface of the E-shop is of an informative nature and the Seller is not obliged to conclude the Agreement regarding these Services. § 1732 par. 2 of the Civil Code does not apply.
3.15. The Provider has the right to request the Client to conclude the contract in writing or by telephone, or to supplement the information from the Client, even after the Order has been confirmed by the Provider.
3.16. The Provider has the right to provide discounts on Services. Unless the Provider provides otherwise, discounts cannot be combined.
3.17. The Client agrees to the use of means of distance communication when concluding the Contract for the Provision of Services. Costs incurred by the Client in the use of means of distance communication in connection with the conclusion of the Service Agreement ( e.g. the cost of internet connection or telephone calls ) is paid for by itself.
3.18. The provisions on the Contract for the Provision of Services shall apply mutatis mutandis and mutatis mutandis to the Purchase Agreement for Goods.
4.1. The prices of Services and Goods are set by the current Price List, which is available on the Provider’s domain or in printed form in the premises of individual establishments. The provider is a VAT payer and for this reason all prices of services are always stated including VAT, in the sense of Act No. 235/2004 Coll., On value added tax, as amended.
4.2. The Customer may pay the price of the Services and any costs associated with the preparation of the Certificate and its delivery according to the Contractor in the manner currently available in the offer of the E-shop, where appropriate, they are allowed during a personal visit to the establishment. The Provider may unilaterally change the availability of payment methods. This does not preclude the possibility of an agreement between the Client and the Provider on another method of payment. The following payment methods are commonly available:
4.2.1. in cash at any Provider’s premises;
4.2.2. cash on delivery at the place specified by the Client in the order;
4.2.3. cashless transfer to the Provider’s account;
4.2.4. cashless payment card;
4.3. The Services Award can also be paid at any establishment through checks and vouchers ( Flexi Pass, Focus Pass, Relax Pass, Gift and Wellness Pass from SODEXO, Ticket Sport and Culture, Ticket gift, Ticket Multi and Cafeteria from spol. EDENRED, Šeky CADHOC, Unišek and Unišek + from Chéque Déjeuner, Benefity.cz, Benefit-Plus ), when the complete list is available at the selected establishment or on the Provider’s website.
4.4. Together with the Price of Services, the Client is also obliged to pay the Provider the costs associated with the packaging and delivery of the Certificate in the agreed amount. Unless expressly stated otherwise, the price of the Services and the costs associated with the delivery of the Certificate are also understood.
4.5. The Provider does not request a deposit or other similar payment from the Client. This is without prejudice to the Client’s obligation to pay the Services Award in advance.
4.6. In the case of payment in cash or in the case of cash on delivery, the price of Services is payable upon receipt of the Certificate or before the provision of the Service to the establishment. In the case of non-cash payment, the Price is due within 3 days of concluding the Service Agreement ( sending the Order ).
4.7. In the case of non-cash payment, the Client is obliged to pay the Services Award together with the variable payment symbol. In the case of non-cash payment, the Client’s obligation to pay the Award is fulfilled at the time the relevant amount is credited to the Provider’s Account
4.8. The Provider is entitled to demand payment of the entire Prize before sending the Certificate or providing the Service. The provisions of § 2119 para. 1 of the Civil Code do not apply.
4.9. Any discounts on the price of the Services cannot be combined with each other.
4.10. If this is customary in the course of trade or if it is stipulated by generally binding legal regulations, the Provider will issue a tax document – invoice regarding payments made on the basis of the Contract for the provision of Services. The provider is a payer of value added tax. The tax document – of the invoice will be issued by the Provider after payment of the price.
5.1. The Client may request the use of the Provider’s service through the Certificate. The Provider will issue the Certificate only if the Client provides the following information:
5.1.1. contact details of the Client ( name and surname, residence, telephone and email, delivery address );
5.1.2. Service or Services that will be included in the Certificate – The Client is entitled to choose the Services from the offer listed on the website www.thajske-masaze-brno.cz/products, www.thajske-masaze-vyskov.cz/products, www.thajske-masaze-olomouc. cz/products;
5.1.3. Value of the Gift Certificate – The Client is entitled to choose any value in the range – 500 CZK to 10,000 CZK. The value of the Gift Certificate represents the price at which it is possible to buy it from the Provider and at the same time represents the value at which it is possible to draw from the Service Provider in their price list prices listed at www.thajske-masaze-brno.cz, www.thajske-masaze-vyskov.cz, www.thajske-masaze-olomouc.cz
5.2. If the Client chooses the option of delivery to the selected address, he will be charged additional fees for this delivery and also for packing. These fees are listed and always available on the Provider’s website.
5.3. The certificate must contain at least the following information: the code of the Certificate, the name of the ordered service or only the value of the Certificate and the date of purchase of the Certificate. A certificate that does not contain all the above requirements is invalid.
5.4. Together with the Certificate, the Client will be provided with additional information containing information about the ordered Service and contact details for booking the date of use of the Services.
5.5. The certificate is one-time and after using all the listed Services, or the exhaustion of the value of the Gift Certificate becomes invalid.
5.6. The certificate is freely transferable to another person, while the transferor is obliged to duly inform this person about all rights and obligations arising from the Contract on the Provision of Services, which was concluded with the Provider.
5.7. The Client has the right to choose from the Provider’s offer another Service whose value corresponds to or is lower than the original price of the purchased Service stated on the Certificate. The Client is not entitled to a refund of any difference in the prices of both Services.
5.8. The Client or the Recipient has the right to choose from the Provider’s offer a more expensive Service than the original price of the purchased Service on the Certificate and to pay the difference in the prices of the Services at the place of drawing the Service.
5.9. In the event that the Client wants to pay the price of the Service or part of it through the Certificate, the Client is obliged to always state the code of the Certificate, which is stated on it, in the reservation of the term of service.
5.10. Any Certificate is by no means convertible into money, it can only be used to draw Services with the Provider.
5.11. If you use the Service, the Provider will reduce the value of the Certificate by the price of the ordered Service. The remaining value of the Certificate can be used by the Client for the next order of Services with the Provider, until the expiry of the Certificate.
5.12. In the event of loss, theft or destruction of any valid Certificate, the Client is obliged to notify the Provider in writing without undue delay. The Provider is not responsible for the use of the Certificate by an unauthorized person, unless its loss or theft has been reported to him in writing in accordance with the previous sentence. Client ( or. The recipient of the Gift Certificate ) has the right to issue a copy of the valid Certificate, the loss, theft or destruction of which has been duly and timely notified to the Provider in writing. Issuance of a copy of the Certificate is charged at CZK 590.
5.13. The period of validity of Certificates is always stated on Certificates, if it is not valid for 6 months from the date of its issuance, which is not longer than 7 days from its order by the Client. The Provider may extend the period of validity of the Certificate on the basis of a written request from the Client delivered to the Provider before the date of expiry of the Certificate. However, the extension of the period of validity of the Certificate by 6 months is in any case charged at CZK 500.
5.14. The holder of the Certificate is obliged to reserve a date for the use of the Services in good time with regard to the validity of the Certificate. The Provider is not to blame for any impossibility to use the Certificate due to the full capacity of the Provider’s facilities.
5.15. The certificate is not exchangeable for the Goods, unless the Provider determines otherwise.
6.1. The Operator delivers Certificates within the period specified in the Order confirmation, usually through a professional delivery man. This method of acceptance precludes the possibility of inspecting the consignment before payment.
6.2. The customer has the right to choose the method of delivery from the options in Eshop as part of the order award.
6.3. By making the choice, the Client agrees with the conditions of delivery, including the price and business conditions of the carrier.
6.4. The Provider may request the Client to conclude a special delivery agreement even after the confirmation of the Order. If no agreement is reached, the Provider is entitled to withdraw from the Agreement on the Provision of Services.
6.5. In the event that, for reasons on the part of the Client, it is necessary to deliver repeatedly or in a different way than stated in the Order, the Client is also obliged to pay additional costs associated with repeated delivery, resp. costs associated with another method of delivery.
6.6. Upon receipt from the carrier, the Client is obliged to check the integrity of the packaging of the consignment and in case of any defects immediately notify the carrier. In the event of a finding of a not negligible breach of packaging, the Client may refuse to take over the shipment. If the Client still decides to take over the shipment, in these cases he is obliged to write a report with the carrier on the damage to the shipment.
6.7. Upon receipt of the Certificate, the Client ( or the recipient ) is obliged to check the integrity of the Certificate, especially the unique code of the Certificate. In the case of a damaged code, the Client is obliged to report this fact to the Provider immediately after receiving the Certificate. Otherwise, the Provider is not responsible for unauthorized use of the Certificate.
6.8. The delivery time is set separately for each type of Certificate, usually 3 days from the payment of the selected Service.
7.1. The sale of the Goods takes place at individual establishments. If the Goods are available in the E-shop offer, this offer is only indicative.
7.2. Warranty periods The goods are valid only for Consumers and are intended for each Goods separately.
7.3. The goods are the property of the Provider until its full payment.
7.4. The tax document for the Goods is issued at the establishment or sent electronically.
7.5. The method of packaging of the Goods is determined exclusively by the Provider, any postage and packaging paid by the Client. The danger of destruction on the Goods passes to the Client at the moment of its receipt.
7.6. Certificates cannot be used to pay the Goods unless the Provider determines otherwise.
8.1. After paying for the ordered Service, the Provider is obliged to provide these Services to the agreed extent, quality, location and within the deadline specified in the Order.
8.2. The ordered Services will be provided to the person specified when ordering the Service. The person to whom the Service is to be provided is obliged to arrive at the place of provision of the Service within the agreed time.
8.3. The person to whom the Service is to be provided is obliged to get acquainted with the content of the Service, to get acquainted with the content of these GTC and additional information. This person is obliged to assess for himself whether he is medically and physically fit to safely manage the selected Service. Everyone participates in all Services exclusively at their own risk and the Provider is not responsible for the health complications that the Client will incur as a result of the provision of the Service.
8.4. The person to whom the Service is to be provided is obliged to inform the Provider about his health problems or about mere doubts about his health problems before the actual performance of the Service, in which services may not be performed or in which services are not appropriate due to the occurrence or aggravation of health complications.
8.5. The Provider declares that it is not appropriate to provide some of its Services to pregnant women. Any pregnancy must be unconditionally reported to the Provider.
8.6. If the Client ( or the recipient of the Service ) arrives no later than 15 minutes after the agreed date of performance of the service and draws attention to this fact in advance, the Service will be provided in an abbreviated manner, that it will end in the originally set time. If the customer arrives with a delay of more than 15 minutes or does not appear without prior apology at all, the Service is considered performed and is obliged to pay the operator the agreed price of the service. Unless the Provider determines otherwise.
8.7. The Provider may refuse to provide the Services, in particular if:
8.7.1. The Client will prevent the performance of the Service with its health problems or health condition in which the Services cannot be provided.
8.7.2. The customer will appear for the performance of the Service in an unsatisfactory hygienic condition, under the influence of addictive or psychotropic substances.
8.7.3. The Client expresses or behaves in an unacceptable way that is contrary to the moral principles of the Provider.
8.7.4. The customer arrives at the performance of the Service with a delay of more than 15 minutes or does not appear without prior apology at all.
9.1. In the event that the Service considers it performed, the Client is obliged to pay the Provider the agreed Service Award, unless the Contracting Parties agree otherwise.
9.2. Reservation of the date and type of the Service is possible in person at the establishment, by phone or by e-mail. The reservation is binding, unless these GTC provide otherwise.
9.3. In the case of reservation in any way, the Client is obliged to provide only correct and true personal data.
9.4. The Client is obliged to reserve the date of use of the Service and the place of provision of the Service with sufficient time in advance so that the Provider is able to provide the Service, at least 24 hours before the actual moment of drawing the Service, unless otherwise stated.
9.5. The Client has the right to cancel the reservation date free of charge no later than 24 hours before the booked moment of providing the Service and to arrange an alternative date.
9.6. As soon as the period of 24 hours before the booked date has already started, the Provider is entitled to insist on the reserved date and withdraw from the concluded Service Agreement and charge the price of the Service in full, unless otherwise agreed with the Provider.
9.7. If the Client requests a change of the reservation deadline less than 24 hours before the booked day and the Provider accepts this proposal for a change, the Client is obliged to pay the Provider a handling fee of 30% prices of reserved Services. If the Provider did not accept the proposal to change the date, the Provider is entitled to charge payment of 100% of the price of the ordered Service, unless otherwise agreed with the Provider.
9.8. If the person to whom the Service is to be provided does not appear at the place of provision of the Service within the agreed period, the Service is considered to be duly provided and the Provider is entitled to the full price. If such a Service was to be covered by a Certificate, then the Certificate in question is considered invalid, unless otherwise agreed with the Provider.
9.9. If the Provider cancels the reservation date less than 24 hours before the booked date of provision of the Service, the Provider undertakes to arrange a replacement date without undue delay after the cancellation of the reservation date according to the requirements of the person, to be provided by the Service and to perform the Service within an alternative period. In this case, the Service will be provided with a 40% discount ( percent ).
9.10. If the person to be provided with the Service is under the age of 15, he is obliged to arrange the escort of a person over the age of 18. If the person to whom the Service is to be provided is under the age of 18 but over the age of 15, he is obliged to obtain the consent of his legal representative. Otherwise, the Provider is not obliged to provide the service.
10.1. The Provider is obliged to provide the Services in accordance with the concluded Agreement on the Provision of Services and these GTC.
10.2. If the Provider does not fulfill its obligations under the Service Agreement properly and in a timely manner, it is possible to file a complaint against defective Services – Services. However, no later than 24 hours from the moment the Service is provided.
10.3. If the Consumer so requests, the Provider will confirm in writing to what extent and for how long his obligations last in the event of a defective performance.
10.4. As soon as the Consumer finds out that the Service has been provided incorrectly, he shall notify the Provider without undue delay. If the Consumer does not report the defect without undue delay, he will not be granted the right to defective performance.
10.5. The Provider is obliged to issue to the Consumer for his request a written confirmation of when the complaint was made, what its content is and what method of handling the complaint The Consumer requests. Complaints, including the elimination of the defect, must be settled without undue delay, no later than 30 days from the date of the complaint, unless the participants agree on a longer period.
11.1. The consumer has the right to withdraw from the Contract ( Purchase or Service Contracts ) without giving a reason within fourteen days if it has been concluded with remote access ( on the Internet ). This period runs from the date of receipt of the goods, ie. Certificate.
11.2. The consumer cannot withdraw without giving a reason from the Contract
11.2.1. on the supply of goods which have been modified according to the wishes of the Consumer or for his person,
11.2.2. on the supply of perishable goods, as well as goods which have been irreversibly mixed with other goods after delivery,
11.2.3. on the delivery of Goods in closed packaging, which the Consumer removed from the packaging and for hygienic reasons it is not possible to return it.
11.3. You cannot withdraw from the Contract if the Services in question have already been provided.
11.4. The consumer is entitled to withdraw from the Contract if the Provider violates the Contract in a substantial manner, in which case the Consumer must withdraw from the contract without undue delay after learning of the breach of contract.
11.5. For the purposes of exercising the right of withdrawal from the Contract, the Consumer must demonstrably inform the Provider about his withdrawal from the Contract in the form of a unilateral legal act. A sample form for withdrawal without stating the reason and instructions on the right to withdraw from the contract is available to consumers in accordance with the Annex to Government Decree No. 363/2013 Sb.
11.6. The Client is obliged to send the Certificate or Goods back to the Provider’s address within 14 days of the withdrawal. In the event of withdrawal from the Contract, the Client as a Consumer shall bear the costs associated with the return of the Certificate or Goods without giving a reason.
11.7. The Provider shall return to the Consumer within 14 days of withdrawal from the Contract without giving a reason all funds received from him (, but not before the Consumer transfers back the Goods or a valid Certificate ), including any costs of delivery of goods in the amount of the cheapest method of delivery that the Seller offers.
11.8. Out-of-court complaint handling of consumers is provided by the Provider via e-mail firstname.lastname@example.org or at any establishment. The Provider will send information on the settlement of the Client’s complaint to the Client’s electronic address.
12.1. The website is an author’s work and a database in the sense of Act No. 121/2000 Coll., Copyright Act, as amended. The E-shop exercises all property rights related to the Website.
12.2. The content of the Website is prohibited from storing, modifying, distributing or exercising other property rights to it, unless the E-shop has given its prior written consent to such conduct.
13.1. The protection of personal data complies with the applicable legal regulations of the Czech Republic, in particular the Personal Data Protection Act and the GDPR.
13.2. The protection of personal data by the Seller is further described in the Personal Data Processing Policy.
14.1. European Consumer Center Czech Republic, with its registered office at Štěpánská 567/15, 120 00 Prague 2, Internet address: http://www.evropskyspotrebitel.cz is the contact point according to Regulation ( EU of the European Parliament and of the Council ) No. 524/2013 of 21 May 2013 on online dispute resolution and amending Regulation ( EC ) 2006/2004 and Directive 2009/22 / EC ( Regulation on online consumer dispute resolution ).
14.2. The provisions of the terms and conditions are an integral part of the Service Agreement and the Purchase Agreement for the Goods. GTC are prepared in the Czech language.
14.3. The wording of the GTC may be changed or supplemented by the Provider. This provision is without prejudice to rights and obligations arising during the period of validity of the previous version of the GTC.
14.4. By using the Site, the Client agrees with these GTC. However, by continuing to use the Site, the Client agrees with any new wording of the GTC.
14.5. Goods, Services and content of the Provider’s Website are not intended for persons under the age of 16, unless their legal representative has given his consent.
14.6. A customer under the age of 16 may consent to the processing of personal data only if his consent is approved by a legal representative.
14.7. A communication or message delivered by e-mail is also considered to be a written form.
14.8. The relevant supervisory bodies of Consumer Protection are: Czech Trade Inspection Authority, contact: www.coi.cz, Office for Personal Data Protection, contact. www.uoou.cz, Trade Licensing Authorities; The consumer has the right to use the possibility of out-of-court dispute resolution at the Czech Trade Inspection Authority. The terms and conditions are published on its website.
14.9. The consumer can also claim his rights from the general courts of the Czech Republic.