Conditions of Use

Business Terms and Conditions

of the business corporation  

Fun in Prague, s.r.o.

 

 

1.                           Introductory Provisions

 

The provider of services (and goods and other products, as the case may be) hereinafter collectively referred to as “Services” – is the business corporation:

 

Fun in Prague, s.r.o.

Having its registered office at Jana Růžičky 1143/11, Kunratice, 148 00 Prague 4

ID No.: 27448631

Registered in the Commercial Register of the Municipal Court in Prague, file no.: C 113852

 

(hereinafter referred to as the “Provider”).

 

All of the Provider’s further contact details (telephone, e-mail, etc.) are available on the Provider’s website at http://www.funinprague.eu/ in the “Contacts” section.

 

Legal relations of the parties in the provision by the Provider to a third party (hereinafter referred to as the “Customer”) of the services offered by the Provider on the website http://www.funinprague.eu/  (hereinafter referred to as the “e-shop”) shall be governed by the laws of the Czech Republic, namely by Act No. 89/2012 Coll., the Civil Code, as amended (hereinafter referred to as the “CC”), these Business Terms and Conditions, an integral part of which are the Claims Rules (hereinafter collectively referred to as “BTC”) and, if the Customer is also a consumer, by Act No. 634/1992 Coll., on Consumer Protection, as amended.

 

These BTC are available in the relevant section of the e-shop.

 

The Customer is a consumer or an entrepreneur.

 

A consumer is any person who enters into an agreement with the Provider or otherwise deals with it outside of his business activities or beyond the scope of the performance of his occupation.

 

An entrepreneur is a person who independently carries out gainful activity in his account and on his own liability, as a licensed trade or in a similar fashion, with the intention to do so on a sustained basis for the attainment of a profit.  For the purposes of consumer protection, the term entrepreneur is deemed to include persons entering into agreement related to their own commercial, production, or other similar activities or in the independent performance of his occupation or a person who represents an entrepreneur or acts for his account.  For the purpose of these BTC, the term entrepreneur includes all legal entities regardless of their legal form, line of business, etc.

 

These BTC have been issued in accordance with the provisions of Section 1751(1) CC and apply to all contracts the subject of which is the purchase and sale of services of the e-shop, concluded by and between the Provider and a Customer, and they are or become an integral part of any such contract, determining a part of its contents and being binding for the regulation of legal relations between the Provider and the Customer arising from the contract.

 

The Provider does not accept the acceptance of an offer/submission of an order with an amendment or deviation.

 

By submitting an individual order or negotiating about the conclusion of a contract with the Provider, the Customer expresses his consent to these BTC and declares acceptance of the obligation to be governed by them and expresses his consent to the use of remote means of communication in the conclusion of the Agreement.

 

The Provider reserves the right to change the BTC.  Any such change takes effect with respect to the Customer once announced to the Customer by the Provider.  The Provider shall make the announcement by publishing the new version of the BTC in the relevant section of its e-shop.  Any such change of the BTC shall not pertain to legal relations between the Provider and the Customer that originated previously, e.g., contracts into which they have already entered.

 

The provider informs the Customer – consumer that:

 

-        The costs of means of remote communication do not differ from the basic rate (in the case of an Internet or telephone connection, governed by the conditions of the Customer’s provider) and those costs shall be borne by the Customer; the Provider does not charge any extra fees or prices in addition to those (this does not apply to postage in shipping, etc.);

-        The Provider demands payment of the price prior to the acceptance of the goods by the Customer/provision of the Service to the Customer, unless otherwise agreed in a specific case; the Provider may demand the payment of an advance/down payment at the time of the conclusion of the contract, up to the amount of the full price of the goods/services; this shall also apply in cases when the Customer has chosen any form of payment at the time of the receipt of the goods as the payment method (payment at the time of collection, cash on delivery, etc.);

-        A contract concluded in the e-shop is not a contract for an unspecified period of time or a contract the subject of which is recurrent performance, unless specifically agreed otherwise in a particular case;

-        A Customer who is a consumer is entitled to withdraw from the contract, subject to the terms and conditions laid down in the CC and described below.  Where permissible (i.e., this does not apply to contracts pursuant to Section 1837(j) CC – see sub III.A of these BTC), the form for withdrawing from the contract that constitutes an appendix to and an integral part of the BTC may be used for withdrawal;

-        State supervision of adherence to Act No. 634/1992 Coll., on Consumer Protection, as amended, is carried out by the Czech Trade Inspection Authority (see www.coi.cz).

 

 

1.                        Types of service on offer in the e-shop

 

II.A  General provisions

 

In the e-shop, the Provider presents the services it provides to Customers.

 

Some of the services shown may be purchased directly in the e-shop, i.e., through remote means of communication.  The specific offering of such services is always shown in the e-shop, including the specific technical possibility of executing the purchase directly in the e-shop.

In the e-shop, the Provider also presents services that cannot be purchased through the e-shop, but with respect to which the Provider and the Customer must agree on specific conditions and enter into an individual contract (e.g., due to service customisation, agreement on deadlines, etc.).

 

These BTC regulate primarily those services that may be purchased directly in the e-shop.  These BTC shall, however, apply to services with respect to which an individual contract must be entered into (including contracts concluded by e-mail) mutatis mutandis unless otherwise agreed in a specific individual agreement.

 

In relation to those services that cannot be purchased directly in the e-shop but for which an individual agreement is required, their presentation in the e-shop does not constitute a binding offer of the Provider to enter into a contract.

 

 

III.      Order of services that can be purchased through the e-shop, conclusion of a contract

 

A Customer may submit an order for services sold by the Provider in its e-shop electronically, and shall complete all mandatory information in the form concerned (depending on whether the Customer is submitting his order as a registered customer or as a one-time order without registration) in the e-shop (hereinafter referred to as  the “RF”).  Prior to submitting an order, the Customer shall become acquainted with these BTC.  By submitting the order, the Customer confirms that he has become acquainted with these BTC and that he explicitly agrees to them, in the version valid and effective at the time of the submission of the order.

 

Prior to submitting a binding order, the Customer has the option to check and change all the information he has entered in the order as well as the option to cancel the order as a whole.  An order submitted by the Customer is binding for the Customer.  The Customer submits (enters it in a binding manner) his order to the Provider by the “Submit order” command or another similar command offered in the e-shop.  The contract is concluded as soon as the Customer enters his order (also see Section 1732(2) CC).  The Provider shall confirm receipt of the order to the Customer without delay at the e-mail entered by the Customer in the RF.

 

Once concluded, a contract may be amended or terminated only upon mutual agreement of the two parties, for cause, and in a manner specified by law or by these BTC, or in line with the cancellation conditions specified for the particular product in the e-shop, if the provider permits contract cancellation in a specific case.

 

In justified cases (e.g., in the case of a suspiciously high volume of services ordered, if it questions whether an order has been placed in earnest, etc.), the Provider is entitled to check by telephone or otherwise whether an order placed by a Customer was placed in earnest, or request that the Customer confirm his order; if the concerns are not satisfied in such instances, the Provider is entitled to terminate the contract without any compensation (withdraw from the contract).

 

On the basis of a contract, the Provider undertakes, in particular, to provide a service to the Customer in line with the contract, and the Customer undertakes, in particular, to pay the agreed price of the service to the Provider, as well as other agreed costs of delivery (in particular, postage) and a fee for packaging. 

 

The contract is concluded in the languages specified in the current e-shop offering.

 

The Customer understands and accepts that by purchasing a service from the Provider’s commercial offering, it does not acquire any rights to the use of registered marks, trade names, or corporate logos of the Provider or its contractual partners.  Similarly, neither the Customer nor anyone else may in any way copy, otherwise reproduce, or disseminate the contents of the e-shop or any part thereof without prior written consent.

 

 

1.                      Withdrawal from a contract

 

III.A   Withdrawal from a contract without cause by a Customer who is a consumer

 

The provisions of this section III.A BTC shall apply only if the Customer is a consumer.

 

The Provider hereby informs the Customer that, pursuant to Section 1837(j) CC, the Customer cannot withdraw from contracts that concern, among other things, accommodation, transport, catering, or the use of leisure time, so long as the entrepreneur (i.e., the Provider) provides the performance by the set deadline.

 

In addition to the cases specified above, the Customer cannot, pursuant to Section 1837 CC, withdraw from a contract that concerns:

 

•        the provision of services that were provided with his explicit consent prior to the expiration of the deadline for withdrawal from the contract and the provider informed the consumer before the conclusion of the contract that, in that case, the consumer would have no right to withdraw from the contract (of which the Provider hereby informs the Customer);
•        the delivery of goods or a service the price of which depends on financial market fluctuations independent of the will of the entrepreneur and which can occur during the period for withdrawing from the contract;
•        the delivery of alcoholic beverages that can be delivered only after the expiration of thirty days and the price of which depends on financial market fluctuations independent of the will of the entrepreneur;
•        the delivery of goods that were customised in accordance with the consumer’s wishes or for the consumer;
•        the delivery of perishable goods or goods that were irreversibly mixed with other goods after delivery;
•        repair or maintenance carried out at a place appointed by the consumer at the consumer’s request; this shall not apply in the event of subsequent execution of repairs, other than those that were requested or delivery of spare parts other than those that were requested; 
•        the delivery of goods in sealed packaging that the consumer removed from the packaging and that cannot be returned for hygienic reasons;
•        the delivery of an audio or video recording or computer program if the original packaging has been broken;
•        the delivery of newspapers, periodicals, magazines, or journals;
•        concluded on the basis of a public auction pursuant to an act regulating public auctions; or
•        the delivery of digital content, if it was not delivered on a tangible carrier and was delivered with the consumer’s prior explicit consent prior to the expiration of the period for withdrawal from the contract and the entrepreneur informed the consumer prior to the conclusion of the contract that, in such case, the consumer has no right to withdraw from the contract. 

 

If none of the exceptions mentioned above is concerned, when withdrawal is not possible, a Customer who is a consumer may withdraw from the contract 14 days after the conclusion of the contract (in the case of a purchase contact, within 14 days of the day of the acceptance of the goods or, if the subject of delivery were several types of goods or delivery was made in several parts, from the day of the acceptance of the last delivery of goods).  In that case, the Customer may withdraw from the contract without cause and without sanction.  The Customer may withdraw in writing, by a letter addressed to the Provider’s address stated at the beginning of these BTC, or electronically, by an e-mail message sent to the address stated for this purpose in the e-shop. The withdrawal must, for the purpose of identification, state the order number to which the withdrawal pertains as well as the bank account number (or other refund method requested) for the refund of the price paid to the Customer.  The period has been maintained if the Customer sends a notice of withdrawal to the Provider in the course of the period.  For withdrawal from the contract, the Customer may also use the model form offered by the Provider in accordance with Section 1820(1)(f) CC, with which the Customer is was acquainted prior to submitting an order and which constitutes an appendix and an integral part of the BTC.  If the Customer withdraws from the contract, he must return the goods to which the withdrawal pertains to the Provider within 14 days of withdrawal, and shall deliver the goods in person to the address of the Provider’s registered office.  The goods returned must be undamaged and complete, as they were delivered by the Provider (including any accessories, warranty certificate, manual, etc.), and accompanied by a document of purchase.  The Customer is not entitled to return goods or send any letters to the Provider (including withdrawal from a contract) as a cash-on-delivery shipment; no such deliveries shall be accepted by the Provider and they shall be disregarded.  In the event of withdrawal, the contract shall be terminated ex tunc.  If the Customer withdraws from a purchase contract, the Customer shall bear the costs related to the return of the goods to the Provider (e.g., postage, etc.) in line with Section 1820(g) CC.

 

If the Customer validly withdraws from a contract (in cases when these BTC so permit), the Provider shall refund to the Customer the funds received from the Customer (including costs of the delivery of the goods to the Customer; if, however, the Customer chose a method of delivery other than the least expensive one, the Provider shall only refund delivery costs in the amount corresponding to the cheapest delivery method offered) and shall do so within 14 days of withdrawal from the purchase contract by the Customer using the same method as was used when it received the money (a different method may only be used if the Customer has consented to it, e.g., by stating that information on the form for withdrawal from the contract); the Provider shall not, however, be obliged to refund the monies received to the Customer before the Customer returns the goods to it or proves that he has sent the goods to the Provider in line with Section 1832(1)) CC.  The Customer shall be liable for a reduction in the value of goods due to using the goods in a manner other than that required for acquainting oneself with the nature and properties of the goods, including their functionality.  Should the Customer return the goods in a damaged, incomplete, or otherwise compromised condition, being liable for a reduction of the value of the goods, the Provider may seek compensation from the Customer for the reduction of the value of the goods returned; this shall not prejudice the Customer’s right to withdraw from the contract (if it is otherwise possible).

 

III.B   Withdrawal from a contract by a Customer who is not a consumer

 

A Customer who is not a consumer may only withdraw from a contract in the cases specified in the applicable provisions of the CC and for the reasons and by the method specified therein, unless these BTC explicitly stipulate otherwise.

 

 

III.C Cancellation of a service in other cases, cancellation fees

 

With selected services, the Provider may offer to the Customer, as a special service, the possibility to cancel an order for services placed by the Customer beyond the Customer’s statutory rights, i.e., including in cases when the Customer would otherwise not have that right according to the law (in particular, in cases when the exemptions set out in Section 1837 CC, see sub III.A of these BTC above, apply to the Customer – consumer).

 

In those cases, however, the Customer shall be obliged to pay a cancellation fee to the Provider, the amount of which is specified for each specific service offered in the e-shop (and which is based, in particular, on the date of the service and the date when the cancellation is made by the Customer).  Unless the Provider sets a different (lower) cancellation fee in the e-shop for a specific service, the cancellation fee shall amount to 100% of the price of the service, inclusive of VAT.  The cancellation fee shall be due at the time of cancellation of the service order by the Customer.

 

The Provider may unilaterally set off the cancellation fee against the Customer’s receivable consisting of the refund of the price paid for the service.  In the event of a cancellation of a service ordered by the Customer and the cancellation is lower than the price of the service paid by the Customer, the difference for the benefit of the Customer shall be refunded by the Provider to the Customer within 30 days of the date of the cancellation of the service ordered by the Customer, using the same method of payment that the Customer used. 

 

For the avoidance of doubt, the parties agree that contracts for team-building events may only be cancelled by individual agreement between the Provider and the Customer (and the Customer has no legal entitlement to the conclusion of such an agreement).   

 

 

III.D   Voucher for services that have not been rendered

 

With a view to the specific nature of the services offered by the Provider, the parties agree that, should the Provider not be able to provide the service ordered by the Customer for reasons not caused by the Provider (e.g., because an activity cannot be carried out at all or it cannot be executed in the agreed extent/with the agreed contents etc., due to the weather or anti-pandemic or other similar measures of government bodies, state or regional administrative authorities, etc.), the Provider shall inform the Customer thereof without delay.

 

The parties agree that, in that case, the Provider shall provide to the Customer, in place of a refund of the price paid for the services, a voucher as substitute performance (in the form determined by the Provider, usually in the form of an electronic document, etc.) for using a different service offered by the Provider (the voucher cannot be exchanged for money).  The validity of the voucher shall be 3 years from its issue date and the nominal value of the voucher (i.e., the amount for which it has been issued) shall equal the price of the service(s) paid for by the customer which the Provider was unable to provide.  Should the Customer – consumer still insist, for reasons worthy of special attention, on a refund of the price paid for the services, the Provider shall refund the price to him within 30 days of the Customer’s communication informing the Provider that he insists on a refund of the price of the services. 

 

Furthermore, the parties agree that, if the service could not be provided for other reasons (i.e., for reasons on the Provider’s part), the Customer may decide that, either:

 

-        the Provider shall return the price paid for any services that have not been provided (in that case, the due date will be within 30 days of the Customer’s communication stating that he insists on a refund of the price of the services); or

-        the Provider shall provide to the Customer, in the place of a refund of the price paid for the services, as substitute performance, a voucher (in the form determined by the Provider, usually in the form of an electronic document, etc.) for using a different service offered by the Provider (the voucher cannot be exchanged for money).  The validity of the voucher shall be 3 years from its issue date and the nominal value of the voucher (i.e., the amount for which it has been issued) shall equal the price of the service(s) paid for by the customer which the Provider was unable to provide.

 

For the avoidance of any doubt, the parties agree that the Customer has no rights to compensation for damages from the Provider in connection with the provision of services, with the exception of damages that the Provider has caused to the Customer intentionally or by gross negligence.

 

 

IV. Price of services, postage and packaging fees – amount and due date

 

The price of services is a contractual price.  The price is set on the basis of the Provider’s current price list in the amount in which it is stated in the e-shop for the specific service at the time when the Customer entered his order for the service.  The price is always inclusive of VAT or any other taxes and fees that the Customer must pay in order to obtain the service; this shall not pertain to any fees for packaging, shipping, and CoD, which are shown separately in the e-shop. 

 

The Provider reserves the right to change its price list (the change shall, however, not apply to contracts that have already been concluded).  The prices shown in the e-shop are always up to date and valid.

 

If a special price is shown in the e-shop, the price always applies as long as supplies last, with the number of special-price service items stated, or for a specific period of time.

 

For the avoidance of any doubt, the parties agree that – unless explicitly stated otherwise in a specific offer of a service in the e-shop – the price of a service never includes any insurance  and the Provider does not provide any insurance to the Customer, does not arrange it, and does not guarantee it.  It is the Customer’s liability to arrange appropriate insurance with a third party (insurance company).

 

The Customer shall pay the price to the Provider prior to the provision of the service.

 

The Provider accepts the following options of payment of the price of its services:

 

a)     Paypal

b)     Bank transfer

 

And other payment options stated directly in the e-shop.

 

If goods, etc. need to be delivered to the Customer, the amount of the costs of delivery of the goods (postage) and of packaging (the price paid by the Customer for the carriage of the goods) and any CoD fees (if the Customer has opted for this type of payment, provided the Provider offers it) shall be based on the price lists shown in the relevant section of the e-shop and is generated in each specific case automatically in the e-shop when the Customer chooses the method of delivery of the goods; these costs shall be payable together with the purchase price and subject to the same terms and conditions.

 

In the event of the Customer’s default on the payment of the agreed price of services and/or postage and packaging fees, the Provider may withdraw from the contract; the time of the start of performance by the Provider shall be postponed by the duration of the Customer’s default, and, so long as the Customer is in default on payment, the Provider itself cannot be in default. 

 

 

V. Provision of services by the Provider

 

The Provider shall provide the products/services purchased by the Customer through its e-shop in a manner and by the deadline stated in the e-shop for the given product/service.  The deadlines for the provision of other services (in particular, team-building events) shall always be agreed in an individual contract between the Provider and the Customer.

 

 

VI. Quantity and quality of services, rights arising from defects, warranty claims process

 

The Provider shall provide its services in the quantity and quality agreed in the contract.

 

The Provider shall be responsible for ensuring that services are free of defects, i.e., in particular, that, at the time of their provision, the services manifest the properties agreed by the parties and, in the absence of an agreement, such properties as the Provider had described or as the Customer had expected with a view to the nature of the services and on the basis of advertising carried out by the Provider.

 

Unless generally binding legislation explicitly stipulates otherwise, the Provider does not provide a warranty.  The provisions of the previous sentence shall not apply to the sale of goods to Customers – consumers as the buyers; in such cases, the statutory regulation of a quality warranty shall apply.

 

Furthermore, the Customer shall have no rights arising from defective performance if the Customer knew of the defect prior to the provision of a service or prior to accepting the goods or caused the defect himself.

 

The Customer may exercise his rights arising from product defects (warranty claim) with the Provider in writing at the Provider’s registered office or electronically, by means of an e-mail message sent to: reservations@funinprague.eu.

 

If the Customer is a consumer, the Provider shall confirm the receipt of a claim to the Customer and resolve the claim within the periods laid down by generally binding legislation.

 

In the event of a justified claim, the Customer shall have the rights that arise for him under the CC.

 

For details, see the Claims Rules that constitute an appendix to these BTC.

 

 

VII. Personal data protection

 

The principles of personal data protection and the Customer’s rights as the data subject (including regulation of the issue of the sending of commercial communication) are regulated and described in greater detail in the Provider’s INFORMATION MEMORANDUM ON PERSONAL DATA PROCESSING AND PROTECTION which can be found in the relevant section of the Provider’s website athttp://www.funinprague.eu/ .

 

 

VIII. Concluding provisions, out-of-court dispute resolution

 

Should a consumer dispute arise between the Provider and the Customer who is a consumer from a purchase agreement or from a contract on the provision of services, which is not resolved by agreement of the parties, the consumer may submit an application for out-of-court resolution of the dispute to the entity designated to settle consumer disputes out of court, which is the

Czech Trade Inspection Authority

Central Inspectorate – ADR Department

Štěpánská 15
120 00 Prague 2

E-mail: adr@coi.cz
Web: adr.coi.cz

Consumers may also use the platform for on-line dispute resolution established by the European Commission at http://ec.europa.eu/consumers/odr/.

Legal relations between the Provider and Customer (regardless of whether the Customer is a consumer) shall be governed by the laws of the Czech Republic and these BTC.  Should any provisions of BTC be or become invalid or unenforceable, this shall in no way prejudice the validity and enforceability of other provisions of these BTC.  These BTC allow the Customer to archive and reproduce them (by downloading them from http://www.funinprague.eu/).

 

These BTC take effect on 1 October 2020

 

 

Fun in Prague, s.r.o.

 

 

Appendices:

1)     Sample notice of consumer withdrawal from the contract (in cases when the law gives the consumer that right) 

2)     Sample withdrawal from the contract by the consumer

3)     Claims Rules

Sample notice of consumer withdrawal from the contract – for Customers - consumers

 

1. The right to withdraw from a contract

1.1 You are entitled to withdraw from this contract within 14 days for any reason. You do not,  however, have the right to withdraw in cases specified by the Civil Code, including in the case of a contract on accommodation, transport, catering, or use of leisure time, provided that an entrepreneur (i.e., the Provider) provides that performance by the set deadline.

1.2 You are entitled to withdraw from the contract for any reason within 14 days of the day following after the day when you, or a third party appointed by you (other than a carrier), accepts the goods, and in the case of the conclusion of a purchase contract the subject of which are several types of goods or delivery in several parts, of the day when you or a person appointed by you (other than a carrier) receives the last delivery of goods.

1.3 In order to exercise your right to withdraw from the contract, you must effectively inform the Provider of your withdrawal from the contract, i.e.: Fun in Prague, s.r.o. having its registered office at Jana Růžičky 1143/11, Kunratice, 148 00 Prague 4 ID No.: 27448631 registered in the Commercial Register of the Municipal Court in Prague, file no.: C 113852 in the form of unilateral legal action (e.g., by sending a letter through a postal services operator, by fax or by e-mail); when sending documents in writing, always use the above address.  You may use the enclosed model form for withdrawing from the contract, but you are not obliged to do so.

1.4 In order for the deadline for withdrawal from this contract to be met, you need only to send your withdrawal from the contract prior to the expiration of the relevant period.

2. Consequences of withdrawal from the contract

2.1 If you validly withdraw from this Agreement, we will refund all payments we have received from you, including the costs of the delivery of the goods to you (save additional costs incurred due to the method of delivery chosen by you other than the least expensive standard method of delivery offered by us) without undue delay, but no later than within 14 days of the day of our receipt of your withdrawal from the contract.  For refunding your payments, we will use the same means of payment you used in making the initial transaction, unless you have explicitly specified otherwise, e.g., in the contract withdrawal form.  You will not incur any extra costs by any means.  We will always refund your payment only once we have received the returned goods or if you document that you have sent the goods back, whichever occurs earlier.

2.2

a) Return of the goods Send the goods back without undue delay, but no later than within 14 days of the day of withdrawal from this contract, to the following address: Fun in Prague, s.r.o., having its registered office at Jana Růžičky 1143/11, Kunratice, 148 00 Prague 4, ID No.: 27448631.  The deadline is deemed met if you send the goods back to us prior to the expiration of 14 days. b) Costs related to the return of the goods You will bear the direct costs associated with the return of the goods. c) Liability for the reduction of the value of the goods being returned You will be liable only for a reduction of the value of the goods due to the goods being handled in a manner other than that required for acquainting oneself with the nature and properties of the goods, including their functionality.

Sample form for withdrawal from the contract by the Customer - consumer

 

 

Please complete this form and send it back only if you wish to withdraw from the contract:

 

Notice of withdrawal from a contract   Addressee: Fun in Prague, s.r.o. Having its registered office at Jana Růžičky 1143/11, Kunratice, 148 00 Prague 4 ID No.: 27448631 Registered in the Commercial Register of the Municipal Court in Prague, file no.: C 113852     I/we (*) hereby announce to you that I/we (*) hereby withdraw from our contract on the purchase of the following goods (*)/on the provision of the following services (*) - Date of order (*) / date of receipt (*) - First name and surname of the consumer(s) - Address of the consumer(s)   I/we (*) request the refund of payments to the account specified below/in the following manner: (*)     In (*), date (*)     ....................................... Signature of the consumer(s)     (*) Strike out anything not applicable or fill in information – for the purpose of identification and for the sake of expeditiousness, please refer to the exact order number in your text.

 

 

 

 

 

 

 

 

 

 

 

 

Claims Rules

 

In the event of the sale of goods, the Provider as the seller is liable to the Customer as the buyer – consumer that (see Section 2161 CC) the goods are free of defects, in particular, that at the time when the Customer – consumer received the goods:

 

-        The goods had the properties agreed by the parties and, in the absence of such an agreement, that it has the properties that the Seller or the manufacturer has described or that the Customer – consumer had expected, with a view to the nature of the goods and based on the advertising carried out by them;

-        The goods are fit for the purpose that the Provider states for its use or for which goods of that type are usually used;

-        The quality or execution of the goods correspond to the agreed sample or model, if the quality or execution were determined on the basis of an agreed sample or model;

-        The goods are in the appropriate quantity, amount, or weight; and

-        The goods comply with all legislative requirements.

 

 

If a defect is manifest within six months of acceptance, it shall be assumed that the goods were defective at the time of acceptance.

 

In the event of the sale of goods to the Customer – consumer, the statutory warranty period is 24 months, unless a generally binding legal regulation stipulates a different period; in the event of the purchase of used goods, the warranty period shall be 12 months.

In the case of items sold at a lower price, the warranty does not apply to the defect due to which the lower price was agreed; furthermore, the warranty does not apply to any wear and tear caused by regular use of the item, and in the case of a used item to a defect corresponding to the degree of use or wear and tear that the item had at the time of its acceptance by the Customer, or if it follows from the nature of the item.  Claims concerning defects may not be recognised as justified if they pertain to defects caused by incorrect or unprofessional use of the goods or erroneous handling, unprofessional installation, failure to adhere to instructions set by the manufacturer of the goods or caused by external circumstances.  

 

As a document of the warranty, the Provider issues a purchase document (invoice or receipt) for all goods purchased, which states all the information required by law for the exercise of the warranty (in particular, the name of the goods, price, quantity, serial number).  At the Customer’s request, the Provider shall grant the warranty in writing (warranty certificate).  The warranty certificate shall state the Provider’s company name, its identification number and registered office.  If the nature of the matter permits, however, the Provider issues a document of purchase for the Customer containing all the said details in the place of a warranty certificate.

 

If possible with a view to the warranty granted, the Provider shall explain in the warranty certificate, in a comprehensible manner, the contents of the warranty granted, its scope, terms and conditions, term of validity, and method whereby rights arising therefrom may be exercised.  Furthermore, the Provider shall state in the warranty certificate that the provision of the warranty does not prejudice the Customer’s rights linked to the purchase of the item.

 

The warranty period shall run from the day on which the Customer accepted the goods.  Unless exercised within the warranty period, the rights arising from defects of goods to which the warranty period applies shall lapse (i.e., in order to retain the rights arising from warranty, a warranty claim must be lodged with the Provider no later than on the last day of the warranty period).

 

The Customer shall inspect the goods without undue delay following their receipt.

 

If the goods delivered manifest a defect, the rights and obligations of the parties shall be governed by applicable binding legislation (in particular by Sections 1914 to 1925, Sections 2099 to 2117, and if the Customer is a consumer, then also by Section 2161 to 2174 CC).

 

A Customer – consumer as the buyer has the following rights, in the event that the goods manifest a defect:

 

-        If the goods do not manifest the properties laid down in Section 2161 CC, the Customer – consumer may demand delivery of new goods, free of defects, unless it is disproportionate with a view to the nature of the defect; however, if the defect only concerns one part of the goods, the Customer – consumer may demand only an exchange of that part; if that is not possible, he may withdraw from the agreement.  If it is, however, disproportionate with a view to the nature of the defect, in particular, if the defect can be remedied without undue delay, the Customer – consumer shall be entitled to have the defect remedied free of charge;

-        The Customer – consumer shall be entitled to the delivery of new goods or replacement of a part, even in the case of a remediable defect, if he is unable to duly use the goods due to a recurrence of the defect after a repair or due to a higher number of defects.  In that case, the Customer – consumer shall also be entitled to withdraw from the contract.

-        Should the Customer – consumer not withdraw from the contract or exercise his right to the delivery of new goods free of defects, to the replacement of a part, or to the repair of the goods, he may demand an appropriate discount.  The Customer – consumer shall also be entitled to an appropriate discount if the Provider is unable to deliver to him new goods free of defects, replace the part, or repair the goods, as well as if the Provider fails to arrange a remedy within a reasonable period of time or if the arrangement of a remedy causes the Customer – consumer significant difficulties.

 

The Customer does not enjoy rights related to defective performance if the Customer knew about the defect prior to accepting the item or caused the defect himself.  If the item manifests a defect that gives rise to the Provider’s liability and the item is being sold at a lower price or is a used item, the Customer shall be entitled to, instead of an exchange of the item, an appropriate discount.

 

The Customer may exercise his rights arising from product defects (warranty claim) with the Provider in writing at:

 

Fun in Prague, s.r.o.

having its registered office at Jana Růžičky 1143/11, Kunratice, 148 00 Prague 4

 

or electronically, by an e-mail message sent to:

 

reservations@funinprague.eu

 

the Customer can send the goods to which the warranty claim pertains to:

 

Fun in Prague, s.r.o.

having its registered office at Jana Růžičky 1143/11, Kunratice, 148 00 Prague 4

 

The goods to which the claim pertains must be secured thoroughly to prevent its damage during transport, and the package must be visibly labelled "CLAIM".

 

In its claim, the Customer must, as far as possible, specify the Customer (in particular, his first name and surname), the Customer’s address, telephone number (in particular to expedite communication), and his e-mail address, the date of purchase and a detailed description of the defect to which the claim pertains (how it is manifest, when and how it was discovered, etc.).  With the claim, the Customer shall enclose a copy of the purchase document for the goods.  Without the above, identification of the origin of the goods and of its defects may be rendered impossible.  A warranty claim must include a choice of the Customer’s right (i.e., what the Customer demands or how he requests his claim be resolved).

 

The Customer is not entitled to return goods or send any letters to the Provider (including a claim, withdrawal from a purchase contract, etc.) as a cash-on-delivery shipment; no such deliveries shall be accepted by the Provider and they shall be disregarded.

 

If the Customer is a consumer, the Provider shall decide about the claim immediately, and in complex cases within three business days.  This period shall not include a time appropriate to the type of product or service that is required for an expert evaluation of the defect.  The Provider shall resolve the complaint, including the remedy of the defect, as quicky as possible, without undue delay, no later than within 30 days of the lodging of the claim.  The 30-day period for the lodging of a claim may be extended upon agreement with the consumer; however, such an extension must not be for an unspecified or unreasonably long period.  After the expiration of the period, it shall be assumed that the defect of the item did indeed exist and the Customer – consumer shall have the same rights as in the case of a defect that constitutes a material breach of the agreement.  This period is not bidding for a Customer – entrepreneur, in which case a claim must be resolved within 40 days from the day of the lodging of the claim (the missing of the deadline does not give rise to any rights on the part of the Customer – entrepreneur or to the fiction of the justifiability of a claim).

 

The Provider shall issue a written confirmation for the Customer – consumer of when the claim was lodged, what it states, and what method of handling is required, by e-mail (to the e-mail the Customer provided at the time of purchase) immediately after the receipt of a claim (in the case of a claim lodged in person, the confirmation is handed over on the spot); furthermore, a confirmation of the date and method of resolution of the claim, including a confirmation of a repair and the duration of the handling of the claim, and, as the case may be, reasons for the rejection of the claim. 

 

A Customer – consumer is entitled to compensation for necessary costs (in particular, postage paid by him when sending in the goods to which the claim pertains) that he incurred in connection with the claiming of his legitimate rights arising from product liability and that were truly and efficiently expended.  In the event of withdrawal from a contract due to a defect of the item, a Customer – consumer is also entitled to a reimbursement of the costs of the withdrawal.

The period for the handling of a claim shall not run until such time as the Customer has handed over to the Provider any and all background documents required for the handling of the claim.  The Provider shall request a supplementation of documents by the Customer within the shortest time possible. 

 

After a justified claim has been resolved, the warranty period shall be extended by the duration of the claims handling procedure.  In the event of an unjustified claim, the warranty period shall not be extended.  The duration of the claims procedure shall run from the day after the lodging of the claim until the day on which the claim was resolved, i.e., the day on which the Provider informed the Customer about the method in which the claim has been resolved.  As a rule, customers are informed about the resolution of their claims by e-mail at the address they provided at the time of the purchase, or by telephone, by SMS, etc.  If the goods were handed over/sent to the Provider as part of the claim, it shall be automatically sent to the Customer’s address after resolution, unless something else arises from the claims handling method.  If the claim concerning goods was resolved within the statutory warranty period by replacing the goods of a Customer – consumer with new goods, the warranty period does not run anew, but the course of the original warranty period shall resume, from the date on which the claim was resolved.

 

In the event of the Customer’s default on the collection of the goods concerned by the claim, after the claim has been handled, exceeding 14 days, the Customer shall pay to the Provider an appropriate storage fee.

 

When the goods are being handed out after the claim has been resolved, the Provider may demand that the Customer present a document on the basis of which the item was accepted for the claims procedure and to document his identity with his identification document or valid passport.

 

If a contract is not a purchase contract and if the subject of performance by the Provider is not goods, the above provisions shall be applied to the resolution of a claim mutatis mutandis and if the law or another generally binding legal regulation stipulates different rights of the Customer, different periods, etc., mandatory provisions of generally binding legislation shall prevail. 

 

 

The contract is concluded in the languages specified in the current e-shop offering.