Business Terms and Conditions (“BTC”)
For suppliers selling electronic vouchers (hereinafter referred to as “EV”) via www.praguest.com portal owned and operated by company Praguest s.r.o., having registered address at Rostovská 318/9, Praha 10 (Prague 10), company identification number: 42937710, tax identification number: CZ42937710, registered in the Companies Register maintained with the Metropolitan Court in Prague, Section C, Insert 218074, Czech Republic (hereinafter referred to as “Praguest”).
I. Rules and Conditions.
1) Company Praguest advertises offers for products under its conditions displayed on its web www.praguest.com. For those interested, it subsequently arranges the sale of electronic vouchers (hereinafter also referred to as “EV”) of a definite monetary value that can be used for paying for services, purchasing of certain goods, or for other practical purposes related to them, that are provided to Customers by a Supplier. It is directly the Supplier who enters into a specific contract to purchase EV with an arranged Customer according to the attached Business Terms and Conditions included of the Personal Data Protection principles (hereinafter referred to as “documents”) accepted by the Customer via an online platform on praguest.com. These documents also apply to the selling of Supplier´s Vouchers to all legal entities and natural persons ordering the Voucher. By placing an order, the Customer declares to have been acquainted with the documents in detail. Each EV purchase is related with clicking on the “Agree” button. It is necessary for the deal to be made. These documents constitute an integral part of the executed contract entered into by a Customer with a Supplier by means of a form placed on the web www.praguest.com. After that, the Customer fills in an order (included of the acceptation of price and method of payment), stating the true and specific data, and receives a confirmation from the Supplier (the contract is, this way, executed), and after payment, the Customer is emailed the Electronic Voucher and the instructions for gaining access to the product. They also receive an invoice.
2) Praguest is not the Supplier of the performance paid with EV. The Supplier is understood as the provider who is fully responsible for the proper performance under EV and for all matters connected with it, including, but not limited to, the provision of a guarantee, service and product liability or other performances, and directly handles complaints, is fully liable for damage and loss and any liabilities and claims under the executed contract.
3) By placing an order by means of a webpage, a person confirms the following:
a) To have legal capacity to enter into binding contracts; and
b) To be at least 18 years of age; and
c) To grant us an irrevocable and non-exclusive license to use any content disclosed by the person on the website, or otherwise revealed to us by means of any media and for any purposes.
d) To agree with the personal data protection principles relating with personal data provided to us upon the purchase of the Voucher (namely the person´s name, address, email address, telephone number etc.), and with the processing of your personal data by checking a relevant box.
II. Payment for EV.
Customers may select the payment method. If they select a bank transfer, payment instructions will be displayed on the monitor (receiver, amount, due date, account number in form of IBAN including SWFIT, and payment identifier). For international transfers, Customers are obliged to select “OUR”, i.e. “Remitter pays all fees” or “Sender bears all transaction fees”, as the method of charged transaction fees.
In the case of a bank transfer payment for an EV, the payment identifier is the order number. A customer pays the purchase price for EV to the specified bank account.
The price is considered as paid in the moment when the entire relevant amount is credited to the account of Praguest´s cash collection payment gateway. For each payment, the Supplier issues an invoice containing the elements of a tax document according to legislation. In case a Customer pays the price via an international bank transfer or otherwise, whereas additional fees may be charged, they bear all fees. The customer is obliged to add the fees to the sent amount so that the Supplier receives the amount in full.
III. Application of EV.
As is stated above, EV ordered online may include a specific content. EV, always issued by the Supplier, is a card containing a unique code of a stated value and a validity date authorizing its holder to be provided the contained performance up to the full use of its value.
EV is marked with a validity date. With the expiry of the validity date, all rights related with it are extinguished, too. The EV validity cannot be extended. When applying an EV, a Customer is obliged to present it to the Supplier.
EV may only be applied once; application cannot be divided. The purchase value must be the same or higher than the EV value. Should the value of the goods or a service be lower than the EV value, the difference is not returned. Should the value of the goods or a service be higher than the EV value, the difference must be placed on spot. The EV value is not charged with interests. An EV cannot be exchanged for money. In the case of loss, EP cannot be substituted. A receipt of its payment cannot be accepted as a substitution. It is strictly forbidden and against the law of the Czech Republic to counterfeit or alter an EV. Alternative performance is not provided. The Voucher code must be protected. The Supplier or Praguest bear no responsibility for the loss of an EV or alienated codes.
If the EV application requires reservation, an exclusive code is used, by means of which a Customer (or a person to which it was assigned) subsequently reserves EV drawing for a specific date and person (persons) on the Supplier´s website or email. The date is arranged by a Supplier´s confirmation sent to an email specified in the order. Change of date without the Supplier´s confirmation is not possible. The confirmation email includes the advance date (specific date) by which the use of EV must be reserved. So the voucher may also be used by third persons, to which it has been assigned, whereas by the assignment they agree with the conditions of the contract and the business terms and conditions. Prior to the assignment (usually by donation), the Customer has the obligation to inform the recipients of the gift of the content of the contract and the documents relating with EV. Should the persons drawing the EV fail to appear on time reserved, their claim to the drawing is extinguished (unless agreed otherwise with the Supplier on spot). Prior to the drawing of the EV, the Customer must prove to the Supplier their eligibility for the purchase of the services or goods either by presenting the printed EV (received sooner from the Supplier in form of a .pdf file) or by displaying the Voucher on an electronic device monitor (smartphone, tablet etc.).
IV. Withdrawal from the Contract by the Consumer.
The consumer is a natural person acting outside their business activities or within a separate profession. As a Customer, the Consumer has the right to withdraw from the Contract executed via the Internet, email, telephone or other means of distant communication within 14 days from the execution of the contract. The stated period commences on the day of online delivery of EV. To keep it, it is enough to send a notice of withdrawal prior to the expiry of the deadline. The Customer may do so by means of a form attached to these Business Terms and Conditions. Within 14 days, Praguest arranging the payments for the Vouchers returns the amount corresponding to the paid price to the Customer in the same way, in which the payment was received from the Customer. When the withdrawal from the Contract comes into effect, the Voucher will be invalidated by the Supplier.
- The Supplier is obliged to provide the Customer with performance according to the executed contract, these Business Terms and Conditions and the general applicable laws of regulations.
- Should the Supplier fail to fulfill their obligations under the Contract duly and timely, the Customer is obliged to complain to the Supplier about the defects without undue delay, however no later than within 14 calendar days from delivery. In the complaint, the Customer is obliged to describe the defects and specify the code. The Supplier handles the complaint without undue delay, however no later than within 30 days from the day of its proper filing. In case the complaint is rejected, the service provider issues a written reasoning to the Customer (whereas for the purposes of the complaint procedure, a written form is understood as an email, too). In the case of a duly filed and a reasonable complaint, the Customer has the right to the removal of the defect, and if it is not possible, the Customer has the right to an adequate discount from the price, or to withdraw from the contract. If the conditions for withdrawal of the contract are laid on the grounds given by the Supplier, the Customer has the right to the reimbursement of the paid price.
VI. Final Provisions.
1) The websites are the exclusive property of Praguest. It is strictly forbidden to duplicate, distribute, transfer, disclose, give links or make other adjustments to the websites without the explicit written consent of Praguest. Any breach of this provision may result in the infringement of copyright, trademark or other intellectual property rights, which may expose you to civil and other recourse.
2) The Customer agrees with sending information from the Supplier relating with products to their electronic address, and they further agree with sending business notifications from the Provider and Supplier to their electronic address. The Customer agrees with saving of the so-called cookies to their computer. When browsing our website, we record your IP address, the actual version of your browser and operating system, the time spent on our website and the information about what webpage you came from. We perceive using cookies to measure the visiting rate of our web and the adaptation of displaying the website as our legitimate interest as an administrator, since we believe that based on that we can offer even better service. Cookies for advertisement directing will be processed only based on your consent. Our website can also be browsed in a mode in which personal data are not collected. You may disagree with using cookies on your computer on the Internet browser.
3)The Business Terms and Conditions are issued in the Czech and English languages. The rights and obligations of the contracting parties are subject to the law of the Czech Republic and in the case of any disputes, which the contracting parties agrees to preferentially settle amicably, Czech jurisdiction applies regardless of any possible international elements in the executed contract. Any disputes will always be decided by courts having subject-matter and venue jurisdiction in the Czech Republic. The rights and obligations not explicitly regulated herein are subject to the Czech Civil Code.
These Business Terms and Conditions containing obligations of the Provider, Supplier and Customer come into force on 21st August 2022. For the BTC and personal data processing you may also visit www.praguest.com. Any questions regarding the application of BTC may be sent by email to: firstname.lastname@example.org.
Annex: Form for withdrawal from contract by Supplier
Praguest : Supplier: Customer: