Tantra Massage Prague Ltd. - Business Conditions

Company Tantra Massage Prague Ltd.
with its registered office at Grafická 1216/25, Prague 5 - Smíchov, 150 00
ID: 246 88 142

The company is registered in the Commercial Register in Prague, Section C, Insert 166187
for the sale of goods through online store located on the Internet at
www.tantramasaze.com

1. INTRODUCTORY STATEMENTS

1.1. Business terms and conditions (hereafter „Business Conditions“) of the company Tantra massage Prague, Ltd. resident in Grafická 25, Prague 5 - Smíchov, 150 00, identification number: 24688142, registered in the trade register in Prague, department C, insert 166187 (hereafter „Seller“) regulating mutual rights and responsibilities of contractual parties in relation to purchase via internet shop or based on a purchase agreement (hereafter „Purchase Agreement“) conducted between the seller and a physical or legal entity (hereafter „Buyer“) via internet shop of the Seller. The internet shop is operated by the Seller on web address www.tantramasaze.com (hereafter „Website“), through a web interface (hereafter „Web Interface“).

1.2. Establishing Business Conditions that are inseparable part of the Purchase Agreement. The Purchase Agreement and Business Conditions are done in Czech and English language. The Purchase Agreement can be concluded both in Czech and English language.

1.3. The wording of Business Conditions can be modified or added by the Seller. The statement abides by the rights and responsibilities during the period of validity of the previous wording of Business Conditions.

2. CONCLUSION OF PURCHASE AGREEMENT

2.1. Web Interface contains a list of goods on sale offered by the Seller including the prices of individual items. The offer of products and a price of the products remain valid during the whole period they are displayed on Web Interface. The statement nevertheless does not limit the Seller regarding conclusion of the Purchase Agreement based on individually agreed conditions.

2.2. Web Interface of the shop also contains information on the costs in relation to product packaging and delivery. Information on costs related to packaging and delivery of products published on Web Interface apply and are valid under condition the products are delivered within the Czech Republic territory.

2.3. In order to products the Buyer fills in an order form on Web Interface of the internet shop. The order form contains primarily information on:

  • Ordered products
  • Payment options for product purchase price
  • Information on requested option of delivery of products
  • Information on costs related to product delivery
  • (Hereafter commonly defined as „Order“).

2.4. The Order is sent by the Buyer after clicking the button “Send“. The Seller confirms receiving the Order without delay by email sent to Buyer´s email address stated on Interface or as part of the Order (hereafter „electronic address of the Buyer“).

2.5. Contractual relation between the Seller and the Buyer is initiated at the moment of delivering the Order (acceptance) that the Seller sends to the Buyer by electronic email to Buyer´s email address.

2.6. The Buyer acknowledges the fact that the Seller is not obliged to conclude Purchase Agreement primarily with the persons that haven’t followed the agreement conditions (including Business Conditions) before.

2.7. The Buyer agrees to use long-distance communication means in the process of concluding the agreement.

3. PRODUCT PRICE AND PAYMENT CONDITIONS

3.1. The Buyer can settle the price of goods and other costs related to product delivery with the Seller in the following ways:

  • In cash at the Seller´s shop at the address: Grafická 25, Prague 5 Smíchov, 150 00 (entrance from the street Na Èeèelièce 5 );
  • In cash with the recommended mail delivery at a location defined by the Buyer in the Order;
  • By direct debit to the Seller´s account no. 43-7122080207/0100, with Commercial bank (hereafter „Seller´s account“).

3.2. Along with the purchase price the Buyer is obliged to pay the Seller also the cost related to packaging and delivery of products that are not included in the purchase price.

3.3. In case of cash payment or payment at recommended mail the purchase price is due at the product delivery.

3.4. In case of direct debit the Buyer´s responsibility to settle the purchase price is fulfilled at the receipt of payment at the Seller´s account.

3.5. The Seller is authorised to require settling the total purchase price prior to despatching the products to the Buyer.

3.6. The Seller issues a valid tax receipt, an invoice, regarding the payments based on Purchase Agreement. The Seller is not an added value tax payer. The Seller issues a tax receipt, an invoice, to the Buyer and sends it at the stated address. In case of cash at delivery the invoice is handed over in person.

4. AVOIDANCE OF AGREEMENT

4.1. The Buyer acknowledges that according to the regulation § 53 par. 8 Act No. 40/1964 Coll., of the Civil Code as amended (hereafter „Civil Code“), Purchase Agreement cannot be avoided at the delivery of products modified on request of the Buyer, neither from the Purchase Agreement regarding audio and video recordings if a client changes or destroys the original packaging.

4.2. With exception of the case stated in Article 4.1 or another case where the Purchase Agreement cannot be avoided, in accordance with the statement § 53 par. 7 of the Civil Code the Buyer is entitled to avoid the Purchase Agreement within fourteen (14) days since the delivery of products. The Seller has to be provably notified on the avoidance of the Purchase Agreement within fourteen (14) days since the products delivery at the address of business premises of the Seller.

4.3. In case of agreement avoidance according to Article 4.2 of the Business Conditions the Purchase Agreement is cancelled to the initial date of validity. Products have to be returned to the Seller within five working days since posting the agreement avoidance to the Seller. In case the Buyer breaks the rules and responsibilities in sense of the previous sentence, the Seller can demand a contractual penalty in the amount of 100, - CZK (in words: one hundred Czech crowns) per each day of delay, in the maximum amount of the purchase price of the product. The statement does not regard the right to reimbursement of possible damages arisen by infringing duties that relate to the contractual penalty even in case the damage is beyond the amount of contractual penalty. Products have to be returned to the Seller undamaged and unused and ideally in original packaging.

4.4. Within ten (10) days since the return of products by the Buyer according to Article 4.3 of Business Conditions the Seller has the right to check the returned products in purpose to find out whether the products are damaged or used.

4.5. In case of agreement avoidance according to Article 4.2 of Business Conditions the Seller returns the purchase price (minus the costs of product delivery) latest within twenty (20) days since the term expiration for checking the products according to Article 4.4 of the Business Conditions. The Seller will send the amount by direct debit to the Buyer´s account. The Seller has also a right to return the purchase price in cash at the returning of products by the Buyer.

4.6. The Buyer acknowledges that if the products returned by the Buyer are damaged, broken or partially used the Seller can demand compensation of damages from the Buyer. The claim to damage settlement can be one-sidedly counted against the Buyer´s claim to purchase return. Same applies to the claim to contractual penalty according to Article 4.3 of Business Conditions; the Seller is entitled to one-sidedly count it against the Buyer´s claim of the return of purchase price.

5. PRODUCT TRANSPORTATION AND DELIVERY

5.1. The Buyer chooses the way of delivery from the options offered by the Seller.

5.2. In case the Buyer has to deliver the products repeatedly or in another way than stated on the Order, the Buyer is obliged to pay the costs related to repeated delivery of products; that is the costs related to other delivery option.

5.3. At product´s handover from the transporter the Buyer is obliged to check the state of product packing and to inform the transporter without delay in case of any defects or flaws. If the packaging was even partially damaged and the delivery was infringed, the Buyer is not obliged to take over the delivery from the transporter. With signing the delivery report the Buyer confirms the product delivery is according to all terms and conditions and any later complaint regarding packaging failures will not be dully considered.

6. GUARANTEE AND RESPONSIBILITY

6.1. The rights and obligations of contractual parties regarding the Seller´s responsibility for defects including guarantee responsibility of the Seller abides by the general valid rules and legal regulations.

6.2. The Seller is liable to the Buyer in the sense the item (product) is in accordance with the Purchase Agreement and primarily without any defects. Compliance with the Purchase Agreement means the item on sale has the quality and characteristics required by the contract signed by the Seller or it has the quality and characteristics that are usual with similar kind of products.

6.3. If the item is not in accordance with the Purchase Agreement (hereafter „conflict with Purchase Agreement “) at the handover, the Buyer is entitled demanding the Seller corrected the state of the item according to the Purchase Agreement free of charge and without unnecessary delay and according to the Buyer´s preferences to change the item or to repair it; if such a procedure cannot be undergone than the Buyer can demand an appropriate discount of the item or Agreement avoidance. The previous does not apply if the Buyer as aware of the conflict with Purchase Agreement or actually caused it.

6.4. Unless the item is a subject to fast decay process or the item has been already used, the Seller accounts for any defects in conflict with Purchase Agreement after the handover of item within guarantee period (guarantee).

6.5. The Buyer´s rights following from the Seller´s accounting for any defects including guarantee accountability of the Seller can be enforced at the Seller´s business address: Grafická 25, Prague 5 - Smíchov, 150 00.

6.6. Legitimacy of all gift vouchers is valid for one year since the purchase date. Unless the voucher is used within the stated period, it cannot be exerted anymore.

7. OTHER RIGHTS AND DUTIES OF CONTRACTUAL PARTIES

7.1. The Buyer becomes the owner of the products by paying the total purchase price of products.

7.2. The Buyer acknowledges the program equipment and its components are a part of Web Interface of the shop (including photos of offered products) protected by copyrights.

7.3. The Buyer acknowledges that the Seller is liable for mistakes and defects caused by a third party interfering the website or as a result of using the website in conflict with its original purpose.

8. PERSONAL DATA PROTECTION AND DELIVERY OF BUSINESS STATEMENTS

8.1. Protection of personal data of the Buyer, that is a physical or legal entity, is guaranteed by the Act 101/2000 Coll., on Protection of Personal Data as amended.

8.2. The Buyer agrees the personal data are processed; that is name and surname, residence address, electronic address and phone number (hereafter „personal data“) by the Seller in order to conduct the rights and responsibilities following from Purchase Agreement.

8.4. Personal data are stored for infinitive period of time in electronic form.

8.5. The Buyer confirms the provided personal data are correct and is aware of the voluntary bases of providing the data. The Buyer states that an agreement with processing personal data in relation to the Seller can be withdrawn by written announcement delivered at the address of the Seller.

8.6. The Buyer agreed to receive information in relation to products, services or enterprise of the Seller and business announcements at the electronic address stated.

9. DELIVERY CONDITIONS

9.1. Unless agreed otherwise all correspondence in relation to the Purchase Agreement is delivered to the other party in writing, personally or via mail service provider.

10. FINAL STATEMENTS

10.1. If the relation in connection to using website or a legal relation based on the Purchase Agreement contains international (foreign) element, then both parties agree to abide by the Czech legal regulations. That way the rights of the consumer following from generally binding regulations are not affected.

10.2. If any statement of the Business Conditions is or becomes invalid or ineffective, it is replaced by a statement with the closest sense of meaning of the previous statement. By invalidity or inefficacy of a certain statement the other statements are not effected at all. Changes and amendments to the Purchase Agreement or Business Conditions require a written form of statement.

In Prague 1 November 2012

Tantra massage Prague, Ltd.

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