These business terms andconditions (hereinafter referred to as
"T&Cs") regulate therelations between the
company GAUDEO - Vranovská pláž s.r.o., identificationnumber
021 62 695, VAT number: CZ02162695, with registered office
atMladoňovice 65, 675 32 Mladoňovice, and regulate the mutual
rights, andobligations of the contracting parties arising in
connection with or on the baseof the purchase contract
(hereinafter referred to as the "purchasecontract")
concluded between the seller and another natural or
legalperson (hereinafter referred to as the "buyer")
via the seller's web store.The seller operates the web
store at the internet address www.vranovska-plaz.czthrough the
website interface (hereinafter referred to as the
"webinterface of the store").
Inthese T&Cs, "buyer" means a consumer, i.e. an
individual who doesnot act as part of his business activity or
as part of the independent exerciseof his profession.
Personaldata provided by the buyer in connection with the
order and the concludedpurchase contract are collected,
processed and stored in accordance with theapplicable laws of
the Czech Republic, especially with the Act on the
Protectionof Personal Data and the General EU Regulation
(GDPR) in its effective versionfor the purposes of compliance
subject of the concluded contract, other legalobligations,
protection of rights and legally protected interests. The
buyer isinformed that he must always provide accurate and
correct information regardinghis person.
“Goods”stand for "Voucher" intended for the purchase
of services, which theseller provides as part of his business
activity in the Vranovská plážcampsite, especially
accommodation.
1) Contact details of the seller
GAUDEO - Vranovská pláž s.r.o.
se sídlem Mladoňovice 65,
675 32 Mladoňovice
IČ: 021 62 695, DIČ: CZ02162695
e-mail:
recepce@penzionygaudeo.cz
2) Information for customers before the conclusioncontract
Rights arising from anunsatisfactory performance, warranty
rights and other conditions for the applicationof these
rights:
The seller delivers the goods(voucher) to the buyer in the
quality anticipated by § 2161 NOZ, i.e. inparticular:
The goods have the propertiesthat the buyer and the seller
have agreed on, and in the absence of anagreement, such
properties that the seller has described or that the
buyerexpected concerning the nature of the goods based on the
advertising they carryout.
The goods meet therequirements of legal regulations.
If the goods do not meet theserequirements when taken over by
the buyer, the buyer has the right to deliver newgoods without
defects unless it is unreasonable due to the nature of the
item.
If the defect relates only toa component of the item, the
buyer may only request a replacement of thecomponent; if this
is not possible, he may withdraw from the contract anddemand
repayment of the purchase price in full.
However, suppose the disproportionalityis due to the nature of
the defect. In that case, especially if the defect canbe
rectified without undue delay, the buyer is entitled to free
removal of thedefect.
If the buyer does not withdrawfrom the contract or does not
claim the right to deliver the new goods withoutdefects, to
replace the component or to repair them, he may require
areasonable discount on the purchase price. The buyer is
entitled to an appropriate discounteven if the seller is
unable to deliver new goods to him without defects,replace
their parts or repair them, as well as if the seller fails to
rectify withina reasonable period or if the consumer
experiences significant difficulties dueto rectification.
If the defect becomes apparentwithin 6 (six) months from the
takeover, it is considered that the item wasalready defective
on the takeover.
Unless expressly statedotherwise for the goods, the buyer is
entitled to claim the rights from the
unsatisfactoryperformance 24 months from the date of the
takeover of the goods by theconsumer. If the goods are in the
repair shop under warranty, the sellerextends this period for
the buyer by the time the goods are in warranty repair.
The seller is not responsible for defects if:
the defect was on the item atthe time of the takeover, and a
discount was negotiated on the purchase pricefor such a
defect
the defect was caused by the buyer and arose from improper
use, storage, improper maintenance
buyer intervention or mechanical damage
the defect occurred as a result of an external event besides
the influence of the seller
Furthermore, we are tellingthe following information to users
before a distance contract is concluded:
-
the cost of distance communication is nodifferent from the
basic rate charged to the consumer by his
operator/serviceoperator; the consumer is not forced to
communicate with the seller on linescharged for the benefit
of the seller
-
the seller requires full purchase price paymentbefore taking
over the goods. Payments are made by bank transfer, cash
ondelivery, or by payment by credit card over the internet.
In the case ofpersonal collection at the establishment, the
consumer pays for the trip to theplace of business and back.
When delivering via the Czech Post, an agreedcourier and the
DPD, PPL delivery service, the consumer pays for the
transportcosts according to the seller's current price
lists.
-
the seller does not conclude contracts, thesubject of
repeated performance, or contracts for an indefinite period.
Thevoucher always has limited validity.
-
all prices are quoted on the website, including
value-addedtax (VAT), recycling fee is quoted separately,
transport prices are listedunder (b) of this T&C,
-
the consumer has the right to withdraw from theconcluded
contract (unless stated otherwise) within the 14 days
running if:
the purchase agreement, from the date of the takeoverof the
goods,
a contract, the subject of which is severaltypes of goods or
the delivery of several parts from the date of acceptance
ofthe last delivery of goods,
the contract, the subject of which is theregular repeated
supply of goods from the date of acceptance of the firstsupply
of goods,
the contract, the subject of which is theregular repeated
supply of goods from the date of acceptance of the firstsupply
of goods,
this withdrawal must be sent to the seller's delivery
address, or use the with drawal form
The consumer cannot withdraw from the contract by:
provision of services, if they were fulfilledwith the express
prior consent of the consumer before the expiration of
theperiod for withdrawal from the contract and the seller
informed the consumerbefore concluding the contract that, in
such a case, he does not have the rightto withdraw from the
contract
delivery of goods or services, the price of which depends on
fluctuations in the financial market independently of the will
of the seller and which may occur during the withdrawal
period
the delivery of goods that have been modified according to the
wishes of the consumer or for his person, to goods
manufactured at the request of the customer different from the
standard configuration
delivery of goods in closed packaging, which the consumer has
removed from the packaging and for reasons of hygiene, it is
not possible to return it,
the delivery of an audio or video recording or acomputer
program if it has violated its original packaging
delivery of newspapers, periodicals or magazines
transport or use of free time, if the entrepreneur provides
these services within the specified date
the supply of digital content where it was not delivered on a
tangible medium and was delivered with the consumer's
prior express consent before the withdrawal period expired,
and the seller told the consumer before the conclusion of the
contract that he had no right of withdrawal in such a case. It
is expressly impossible to withdraw from the delivery of a
digital content online contract.
-
in the case of withdrawal, the consumer shall bear the costs
associated with the return of the goods and, in the case of
a distance communication contract, the cost of the return of
the goods if normal postal channels cannot return the goods
because of their nature
-
the consumer is obliged to pay a proportional part of the
price in the event of withdrawal from the contract, the
subject of which is the provision of services and the
performance of which has already begun,
3. Conclusion of the purchase agreement
The buyer selects the goodsdisplayed on the seller's
website and sends the goods ordered via the website.In doing
so, the buyer acknowledges that in the case of web shopping,
thepresentation of goods on the store's web interface is
only informative and isnot a binding offer, there may be
emptied stock or impossibility to provideservices, the seller
is not obliged to enter into a purchase agreementregarding
these goods. By placing an order in the online shop, the
buyerconfirms that he has detailed knowledge of these
T&Cs, including thecomplaints procedure, and agrees with
their content.
The order is a proposal for concluding a purchase contract
when selling in the web shop. Delivery of the order to the
seller is confirmed by an automatically sent message. The
conclusion of the purchase agreement will only occur with the
delivery of the order confirmation by the seller to the given
address of the buyer. The contract is generally concluded in
Czech.
When concluding the contract, the buyer bears only his own
costs of communication with the seller at the prices for which
his service provider provides. In the case of personal
collection, the buyer pays for the trip to the establishment
and back. The buyer pays the shipping costs for delivery by
post, courier and parcel service.The risk of damage to the
goods passes to the buyer at the moment of the take over by
delivery service, courier or post.
Personal data that is provided to buyers in connection with
the order is collected, processed and stored in accordance
with the applicable laws of the Czech Republic, in particular,
ActNo. 101/2000 Coll., on the protection of personal data, in
the effective wording to fulfil the subject of the concluded
contract. The buyer must always provide true and correct
information regarding his person. If the buyer wishes the
seller to keep his personal data for later product offers,
participation in he seller's loyalty program gives their
consent by filling in their data.
h) the contract is concluded principally in the Czech
language; after completing the business case, the seller
archives the data about it, which is sent to the user in a
form that allows it to be archived and printed. The seller
archives the concluded contract for at least five years from
its conclusion, or for the most prolonged period of time, as
stated in the relevant legislation, for its successful
fulfilment and is not accessible to third parties. Information
on the individual technical steps leading to the conclusion of
the contract is provided in the GeneralTerms and
Conditions.
If the complaint is not resolved, the consumer is entitled to
make a complaint to the supervisory or state supervisory
authority. Out-of-court dispute resolution is handled by
mediators, independent mediators of communication between the
parties to the conflict. Their list is available at
www.justice.cz, where you
can search for consumers. The conditions are set individually
by the mediators.
The withdrawal form is listedunder the T&C.
4) Goods ordering
Ordering can be done in the following ways:
- in the
webshop
- by e-mail at the addresses listed on
www.penzionygaudeo.cz
5) Price
The buyer is informed of theprice of the goods by a valid
price list, which also lists all related charges.VAT on the
type of goods is always added to the price. In the case of
webshopping, is added shipping and packaging.
The web shop’s price and components are quoted directly to the
displayed goods. Special offers, discounts and webshop prices
apply only to purchases made through it.
Method of payment for webshop purchases:
bank transfer to a bank account held with Fio
bank Znojmo, 2800688180/2010, the variable symbol is the order
number. Goods are handed to the buyer after verification of
crediting the payment to the seller's account
by post - Czech Post office orother carriers
- courier (payment directly to the driver).
by Visa and MasterCard payment cards - for
cards with permission for payment via the Internet or virtual
payment cards
The buyer will state the price in the order, and the seller
will display the price in the confirmation of the goods
ordered. The seller may change the price if the market
situation changes. The proposal of the purchase contract is
then the seller's notification of the final price; if the
buyer does not agree to the communicated price change, the
purchase contract has not been concluded.
The seller must comply with Act No. 112/2016. Coll., on the
sales record, issue a receipt to the buyer. At the same time,
he must register the received sales with the tax administrator
online, in case of a technical failure, then within 48 hours
at the latest.
6) Withdrawal from the contract
The consumer has the right to withdraw from the purchase
agreement within 14 days of receiving the goods. Written
withdrawal from the contract must be delivered to the seller
by the 14th day after taking over the goods.
Formulář pro odstoupení je součástí OP.
The consumer is obliged to return the goods with complete
documentation. The seller issues a credit note, which he
delivers to the consumer by 3 working days after the effective
date of withdrawal.
The seller will return themoney to the consumer within 30 days
from the effective withdrawal date fromthe contract to the
bank account specified by the consumer in the withdrawal.
Ifnot specified, then to the account from which the funds to
pay the purchaseprice were transferred.
7) delivery of goods
The seller will deliver thegoods that are the subject of the
concluded purchase contract to the buyer:
delivery by transport servicein the Czech Republic: the goods
can be sent to the buyer by the transportservice of Czech
Post, DPD, PPL, etc., to the buyer's home or the
addressprovided by the buyer.
When taking over the goods, the buyer is obliged to inspect
them, and in case of defects, he is obliged to notify the
buyer of these defects without delay.
8) Other rights and obligations of the contractingparties
Thesubject of out-of-court settlement of consumer disputes, if
no agreement isreached regarding the subject of the consumer
dispute, is the Czech TradeInspection. Rules established by
the Czech Trade Inspection, which govern theprocedure for the
out-of-court settlement of consumer disputes, in
accordancewith Act No. 634/1992 Coll., on consumer protection,
in effect, and theproposal form, are available to consumers at
www.coi.cz. It is also possible toresolve the dispute online out of
court via the ODR platform
https://ec.europa.eu/consumers/odr.
9) Complaints procedure and warranties
The buyer is, in principle, obliged to inspect the purchased
goods and their accessories upon receipt. If the goods are
delivered by the carrier, in particular, the buyer is obliged
to check with the carrier the quality of the delivered package
and the integrity of the packaging, detect any damage and
immediately enter deviations in the shipping list or handover
protocol. The moment of the transfer of the risk of damage
from the seller to the buyer is the moment of acceptance of
the shipment from the carrier. If the buyer fails to inspect
the goods or fails to arrange an inspection at the time of
passing, the risk of damage can make claims from defects
detectable during this inspection only if it proves that the
goods already had damage at the time of passing risk.
Each item is accompanied by a tax document used to enforce the
guarantee.
The seller passes the goods to the buyer in the quality
anticipated by § 2161 NOZ,i.e.:
the good shave properties that buyers have negotiated with the
seller, and if the arrangement lacks such characteristics as
was described by the seller or expected by the buyer due to
the nature of the goods and based on advertising by them
the goods are fit for the purpose stated by the seller for its
use or for which theitem of this kind is usually used
the goods are the items in the appropriate quantity, amount or
weight
goods comply with the requirements of the legislation
In case the goods do not comply with these requirements when
taken over by the buyer, the buyer is entitled to the delivery
of new goods without defects, as long as this is not
disproportionate to the nature of the matter. If the defect
concerns only a component of the item, the buyer may only
request the replacement of the compo. If this is not possible,
he may withdraw from the contract and demand a full refund of
the purchase price. However, if this is disproportionate due
to the nature of the defect, in particular, if the defect can
be rectified without undue delay, the buyer has the right to
rectify the defect free of charge.
If the buyer does not withdraw from the contract or exercise
the right to deliver new goods without defects, replace its
component, or repair it, it may require are reasonable
discount on the purchase price. The buyer is entitled to an
appropriate discount even if the seller can't deliver new
goods to him without defects, replace its component or repair
goods, as well as if the seller fail sto rectify within a
reasonable period or if the consumer experiences significant
difficulties due to rectification. The seller is not
responsible for defects if:
the defect was on the item at the time of the takeover, and a
discount was negotiated on the purchase price for such a
defect
second-hand goods and the defect corresponds to the level of
use or wear that the goods had when the buyer took them
over
the defect was caused by wear and tear caused by normal use or
by the nature of the matter (e.g. expiration of lifetime)
the defect was caused by the buyer and arose from improper
use, storage, improper maintenance
by the intervention of the buyer or by another person other
than the seller or by mechanical damage
the defect occurred due to an external event outside the
seller's influence.
A complaint is a unilateral legal action by which the buyer
identifies the alleged defective characteristic of the goods
and, at the same time, communicates what specific claim of
liability for defects is being made and the requirement for
the method of informing about the handling of the complaint.
The buyer is obliged to claim the goods as soon as possible
after the defect is detected. Claimed goods must be delivered
in packaging that prevents damage. With goods, the buyer
presents fundamentally a tax document (copy), the authority
for the owner to act.
If the claim is accepted as legitimate, the buyer is entitled
to be reimbursed for the expenses incurred by exercising that
right. If the claim is not recognised and the customer insists
on repair, the seller is entitled to charge all costs
associated with the claim. The goods will be returned to the
buyer after the costs have been paid in accordance with the
previous sentence.
The seller is obliged to confirm in writing form to the buyer
the method of settlement of the complaint and its duration.
The buyer cannot change the claimed claim without the
seller's consent. If the goods’ defects subsequently turn
out to be irreparable, the buyer may require the delivery of
replacement goods if the buyer requests without undue delay
after the seller has notified him of this fact.
Seller's liability for defects that are material or
non-material breaches of contract applies to defects in goods
arising within 24 months of receipt, for defects where quality
liability does not apply on the takeover. A defect is
considered to be a material breach of contract where the buyer
would not have entered into the contract if he had foreseen
the defect after the contract. In other cases ,it is a defect
which is not a material breach of contract.
If the defect is a material breach of contract, the buyer of
his choice is entitled to the delivery of a new item, repair,
reasonable discount or withdrawal (with the right to a full
refund of the purchase price). If the defect is a minor breach
of contract, the buyer is entitled to have the defect
rectified or a reasonable discount.
The right to delivery of a new impeccable item, part
replacement, price discount or withdrawal from the contract
has the buyer, regardless of the nature of the defect, if the
item cannot be appropriately used for a recurrence of the
defect after repair or for a more significant number of
defects.
If the customer requests the delivery of the goods to any
place outside the claim location after the claim has ended,
the goods are delivered to him at his expense in the same way
as when the goods are sold unless there is a legitimate
claim.
If the seller does not rectify the defects within a reasonable
additional period or if he notifies before its expiration that
they do not remove the defects, the buyer may withdraw from
the contract or demand a reasonable discount on the purchase
price.
10) Changes in T&C
These T&Cs may be unilaterally amended and supplemented by
the seller with the new wording, always with the effective
date of the latest full text appearing on their website.
In Mladoňovice on 22.3.2023
