Terms and Conditions
for the sale of goods, gift vouchers and the arrangement of healthcare services on the websites altoa.cz and altoa-essentials.cz
Altoa s.r.o.
registered office: Maiselova 38/15, 110 00 Prague 1 - Josefov
Company ID: 02620995 | VAT ID: CZ02620995
bank: Komerční Banka, a.s.
Štefánikova 267/22, 150 00 Prague 5
account number: 115–4008640297 / 0100
IBAN: CZ5401000001154008640297
BIC / SWIFT: KOMBCZPPXXX
registered in the Commercial Register maintained by the Municipal Court in Prague, Section C, File 221494
Article I.
Introductory provisions
| 1.1 | These terms and conditions (hereinafter the „terms and conditions“) of Altoa s.r.o., with its registered office at Maiselova 38/15, 110 00 Prague 1 - Josefov, Company ID: 02620995, VAT ID: CZ02620995, registered in the Commercial Register maintained by the Municipal Court in Prague, Section C, File 221494 (hereinafter the „intermediary“, or „seller“) govern the mutual rights and obligations of the contracting parties arising in connection with or on the basis of a contract or online order (hereinafter the „contract“) concluded between the intermediary and another natural or legal person (hereinafter the „applicant“, or „buyer“) through the intermediary's online shop. The online shop is operated by the intermediary at the website located at altoa.cz and altoa-essentials.cz (hereinafter the „website“), via the website interface (hereinafter the „shop web interface“). |
| 1.2 | The intermediary offers on its web interface mainly services related to the arrangement and management of express appointments for medical examinations, client cards, health programmes beyond public health insurance, occupational medicine services, and COVID-19 tests (hereinafter the „services“) for applicants with contracted healthcare providers. The services and contracted healthcare providers are further specified on the website altoa.cz. The services do not constitute the provision of healthcare services defined by law, in particular by Act No. 372/2011 Coll., on healthcare services and the conditions for their provision. |
| 1.3 | A contract for the arrangement of healthcare services may also be concluded for the benefit of a third party (hereinafter the „patient“). The contract for the arrangement of healthcare services is deemed concluded upon confirmation of the order by the intermediary/seller to the buyer (hereinafter the „contract“). By concluding the relevant contract, the applicant expresses full and unconditional consent to these terms and conditions. The terms and conditions apply in full to the contractual relationship between the buyer/applicant and the intermediary/seller, unless otherwise agreed in the contract. |
| 1.4 | The seller further offers on the website the sale of protective equipment, medical supplies, dietary supplements and gift vouchers (hereinafter the „goods“). |
| 1.5 | The purpose of these T&C is to define the rules for the arrangement of healthcare and for the sale of goods, and within these rules the rights and obligations of the applicant/buyer and the intermediary are established. |
| 1.6 | The wording of these terms and conditions may be changed or supplemented by the intermediary/seller. This provision does not affect rights and obligations arising during the period of effect of the previous wording of the terms and conditions. |
| 1.7 | The contracting parties acknowledge and by concluding the contract confirm that the contract does not in any case regulate or replace standard healthcare provided to the extent of legal regulations on the basis of public health insurance, and that the applicant/buyer must, if so required by law, be a participant in public health insurance regardless of the contract. The contract furthermore does not in any case establish commercial health insurance, nor does it replace such insurance. |
| 1.8 | Relations between the contracting parties are governed by Act No. 89/2012 Coll., the Civil Code, and related legal regulations. |
Article II.
Ordering goods or services without registration
| 2.1 | The applicant/buyer may order goods or services without registration directly from the shop web interface. |
| 2.2 | When ordering goods or services, the applicant/buyer is obliged to provide all data correctly and truthfully. Such data is considered correct by the intermediary/seller. |
Article III.
Ordering services with registration
| 3.1 | After purchasing the client card service, a contract is concluded and a customer card will be sent to the applicant or patient within 5 business days. |
| 3.2 | Through the website, the applicant or patient logs into the client zone, where they will be asked to enter their unique customer number from the delivered card. They will then be asked to enter their personal data. |
| 3.3 | When registering for a customer account and when ordering services, the applicant or patient is obliged to provide all data correctly and truthfully. The applicant is obliged to update the data provided in the customer account upon any change. Data entered by the applicant or patient in the customer account and when ordering services is considered correct by the intermediary. |
| 3.4 | Access to the customer account is secured with a username and password. The applicant or patient is obliged to maintain confidentiality regarding the information necessary to access their customer account. The intermediary is not liable for any misuse of the customer account by third parties. |
| 3.5 | The applicant or patient is not entitled to allow third parties to use the customer account. |
| 3.6 | The intermediary may cancel the customer account, in particular if the applicant does not use their customer account for a long time, or if the applicant breaches their obligations under the contract or these terms and conditions. |
| 3.7 | The applicant or patient acknowledges that the customer account may not be available continuously, especially due to the necessary maintenance of the intermediary's hardware and software, or the necessary maintenance of third parties' hardware and software. |
Article IV.
Sale and redemption of gift vouchers
| 4.1 | A gift voucher is a certificate issued by the seller in electronic form, bearing a unique code, which allows the holder to fully or partially pay for services, goods or products offered by the seller up to the nominal value of the gift voucher. By purchasing a gift voucher, the buyer does not acquire a specific service or product — it is a form of value token with a specific monetary value that can be used to pay for services or products offered during the validity of the gift voucher on the websites altoa.cz and altoa-essentials.cz |
| 4.2 | The gift voucher may be used by any person in lawful possession who presents it to the seller for payment of services provided by the seller. This person may be different from the buyer. |
| 4.3 | The gift voucher is valid for 12 months from the date of issue. If the gift voucher is not redeemed within the specified period, it expires without any right to a refund. |
| 4.4 | The gift voucher may be used for any services offered by the seller. The full range of services can be found on the websites altoa.cz and altoa-essentials.cz. |
| 4.5 | The gift voucher is transferable and can be redeemed once and in full value directly with the seller or the online shop at altoa.cz. The gift voucher can be used at once or in multiple redemptions. For multiple redemptions, the amount already used will be gradually deducted from the total nominal value of the voucher; the seller will record individual redemptions for each voucher under the assigned unique code. The buyer, or the voucher holder, may ask the seller at any time about the current redemption status. A gift voucher cannot be combined with another gift voucher or discount within a single order. |
| 4.6 | Services or products whose price is lower than the nominal value of the voucher may be purchased using the gift voucher; in such a case, the difference between the service price and the nominal value of the voucher will not be refunded if the full nominal value is not redeemed during the voucher's validity. If services of a value higher than the nominal value of the voucher are used, the buyer is obliged to pay the difference. |
| 4.7 | The gift voucher cannot be exchanged for money. |
| 4.8 | The buyer is not entitled to interfere with the graphic design of the gift voucher, copy it or modify its content in any way. |
| 4.9 | The seller is not liable for any physical damage to the gift voucher caused by the buyer. |
| 4.10 | The buyer is entitled to request redemption of the gift voucher from the seller only with a legible and valid gift voucher code. |
| 4.11 | The seller will issue the gift voucher to the buyer according to the buyer's order and send it in electronic form in PDF format to the buyer's email address, or via Czech Post to the address specified by the buyer in the order form, after full payment for the gift voucher by cashless transfer through the ComGate, or ComGate Payments, payment system on the websites altoa.cz and altoa-essentials.cz. |
| 4.12 | Gift packaging from the range listed on altoa.cz may be added to a gift voucher order; it is charged as an additional service according to the current price list. |
| 4.13 | A tax document for the sale of a gift voucher via altoa.cz is issued to the buyer by the seller. |
| 4.14 | If the gift voucher is sent by email to the buyer as a PDF, the delivery time is the same day after proper payment of the order. The seller offers this delivery method free of charge; no shipping is added to the total order amount. |
| 4.15 | A gift voucher in the selected gift packaging at altoa.cz may be sent to the address given in the buyer's order as the delivery address. |
| 4.16 | Upon delivery of the gift voucher to the buyer's email address, responsibility for its loss, theft or damage passes to the buyer. |
| 4.17 | If the buyer chooses to receive a printed voucher including a gift envelope, the shipping and handling fee is CZK 290 in total. |
| 4.18 | The delivery time for a printed gift voucher is 5 to 7 business days after receipt of payment. |
| 4.19 | An incorrectly issued gift voucher or one with incorrect visual design, wrong text, mix-up or damaged gift packaging (gift box or envelope) may be claimed with the seller at klient@altoa.cz, stating the order number, gift voucher code and reason for the complaint, without undue delay after receipt. |
Article V.
Conclusion of the contract
| 5.1 | Any presentation of goods, gift vouchers or services placed in the shop web interface is informational, and the intermediary/seller is not obliged to enter into a contract regarding such services or goods. Section 1732(2) of the Civil Code does not apply. Goods and services can be ordered on the web interface 24 hours a day, 7 days a week. To conclude a contract, an order for the selected goods must be placed through the e-shop. |
| 5.2 | The shop web interface contains information about the goods or services, including prices. Prices of goods or services are shown including VAT and all related fees. Prices remain valid for as long as they are displayed in the web interface. This provision does not limit the intermediary's ability to conclude a contract on individually agreed terms. |
| 5.3 | To order goods or a service, the applicant/buyer fills in an order form in the shop web interface. The order form contains, among other things, the following information: |
- description of the ordered service or goods, including price,
- method of payment of the price of the goods or service (hereinafter jointly the „order“).
| 5.4 | Before sending the order to the intermediary/seller, the applicant or buyer is allowed to check the data entered in the order. The applicant/buyer sends the order to the intermediary by clicking the „Confirm order“ button. The data entered in the order is considered correct by the intermediary/seller. |
| 5.5 | Sending the order is considered an act by the applicant/buyer that unambiguously identifies the goods or service ordered, the price, the person of the applicant/buyer, the method of payment, and is a binding proposal for a contract between the parties. The validity of the order is conditional upon completion of all required fields in the order form, familiarization with these terms and conditions on the website, and confirmation by the applicant/buyer that they have read and accepted these terms and conditions. |
| 5.6 | The intermediary/seller will confirm receipt of the order to the applicant/buyer by email, to the email address given in the order form (hereinafter the „applicant's email address“). |
| 5.7 | The intermediary/seller is always entitled to ask the applicant/buyer for additional confirmation of the order (e.g. in writing or by phone). |
| 5.8 | A contract proposal in the form of an order is valid for fifteen days. |
| 5.9 | The contractual relationship between the intermediary/seller and the applicant/buyer arises upon delivery of the order acceptance, which is sent by the intermediary/seller to the applicant/buyer by email to the applicant/buyer's email address, and simultaneously upon receipt of payment of the price in the case of a one-time service or delivery of goods. |
| 5.10 | If the intermediary/seller cannot fulfil any of the requests stated in the order, they will send the applicant/buyer a modified offer to their email address, stating possible order variants, and will request the applicant/buyer's position. |
| 5.11 | A modified offer is considered a new contract proposal, and in such a case the contract is concluded only upon acceptance by the applicant/buyer via email. |
| 5.12 | The applicant/buyer agrees to the use of means of distance communication when concluding the contract. Costs incurred by the applicant/buyer when using means of distance communication in connection with concluding the contract (internet connection costs, telephone call costs) are borne by the applicant/buyer; these costs do not differ from the basic rate. |
| 5.13 | The seller reserves the right not to conclude a contract in cases where the goods are sold out, not in stock, or where technical problems have arisen with the price or description of the goods. |
Article VI.
Price of goods or services and payment terms
| 6.1 | The seller reserves the right not to conclude a contract in cases where the goods are sold out, not in stock, or where technical problems have arisen with the price or description of the goods. |
- in cash at the provider's cash desk/reception before the service is provided;
- cashless via the ComGate, or ComGate Payments, a.s. payment system;
- cashless by transfer to the intermediary's bank account No. 115–4008640297 / 0100, held with Komerční Banka a.s. (hereinafter the „intermediary's account“); in this case the order will be processed by the intermediary/seller only from the moment the funds are credited to the intermediary's/seller's account;
- cashless by payment card.
| For purchases of dietary supplements on the altoa-essentials.cz web interface, the price of the goods may also be paid by cash on delivery. The intermediary/seller does not require a deposit or similar payment from the applicant/buyer. | |
| 6.2 | For cashless payments, the applicant/buyer is obliged to pay the price of the goods or services together with the variable payment symbol. In the case of cashless payment, the applicant/buyer's obligation to pay the price is fulfilled at the moment the relevant amount is credited to the intermediary/seller's account. |
| 6.3 | If customary in business practice or required by generally binding legal regulations, the intermediary/seller will issue a tax document — an invoice — to the applicant/buyer for payments made under the contract. The tax document — invoice will be issued by the intermediary/seller to the applicant/buyer after payment of the price and sent electronically to the applicant/buyer's email address. |
| 6.4 | Prices are stated including taxes and fees. Shipping and packaging costs are listed separately in the ordering process. |
Article VII.
Withdrawal from the contract; cancellation of appointments
| 7.1 | If the applicant is a consumer and the contract was concluded using means of distance communication, they are entitled to withdraw from the contract by written notice of withdrawal within the meaning of Section 1829 et seq. of the Civil Code, within 14 days from the conclusion of the contract. The notice of withdrawal may be sent by the applicant/buyer electronically (email) or in writing to the registered office of the intermediary/seller. The preceding sentence does not apply to a contract whose subject is the provision of healthcare within the meaning of Section 1840(b) of the Civil Code. In the case of withdrawal under paragraph 7.1 of these terms and conditions, the contract is cancelled from the outset. |
| 7.2 | The applicant expressly agrees that, in the case of providing services under paragraph 1.2 of these terms and conditions, they are interested in the earliest possible provision of the service by the intermediary, i.e. the earliest possible booking of a healthcare appointment, and therefore expressly agrees that the intermediary is entitled to commence performance of the service (securing the booking) before the expiry of the withdrawal period. The applicant acknowledges and expressly agrees that the service (securing the booking) is fulfilled at the moment the booking is made. |
| 7.3 | If the applicant cancels a booked appointment, the following cancellation terms apply: |
- if the applicant cancels the booked appointment more than fourteen (14) business days before the booked date, the intermediary is entitled to a cancellation fee of 20 % of the service price;
- if the applicant cancels the booked appointment thirteen (13) to seven (7) business days before the booked date, the intermediary is entitled to a cancellation fee of 30 % of the service price;
- if the applicant cancels the booked appointment six (6) to three (3) business days before the booked date, the intermediary is entitled to a cancellation fee of 50 % of the service price;
- if the applicant cancels the booked appointment less than two (2) business days before the booked date, the intermediary is entitled to a cancellation fee of 100 % of the service price.
| 7.4 | The intermediary is entitled to set off the cancellation fee claim under this Article 7.3 against the price for services. A proper cancellation of a booked appointment under letters a. to d. of this Article 7.3 is considered to be a cancellation that the applicant notifies to the intermediary in writing, exclusively by email addressed to the contact email address: klient@altoa.cz. The decisive moment for determining the cancellation fee is the moment of delivery of the cancellation notice to the intermediary. If the applicant refuses the healthcare service, the contract is not cancelled; if the applicant does not use the services within the scope of the contract, the paid price is not refunded. Failure to use the services is considered to include the applicant not showing up to the booked healthcare appointment without prior proper apology. |
| 7.5 | In the event of proper withdrawal from a contract for purchased goods, the seller is obliged to return the funds received from the buyer (except for the amount representing additional costs of delivery incurred due to the buyer's chosen method of delivery that is different from the cheapest standard delivery method offered by the seller) within 14 days of withdrawal from the contract, in the same manner in which the seller received them from the buyer, unless the buyer specifies otherwise. |
| 7.6 | The withdrawal from the contract must be sent to the seller within the period specified in paragraph 7.1 of these terms and conditions, and the buyer shall state that they withdraw from the contract, providing the order number, date of purchase and account number for the refund. |
Article VIII.
Arrangement of services
| 8.1 | The current offer of services that can be arranged through the intermediary for the applicant is available on the intermediary's website. The applicant chooses from the offer the service/services they are interested in having arranged by the provider. Through the electronic form, the applicant selects their preferred dates and, if available in the offer, locations for provision. The applicant uploads to the electronic form any referral issued to them by the treating physician based on a clinical examination. |
| 8.2 | The applicant/patient is subsequently contacted by a healthcare coordinator, with whom they confirm the appointment for the healthcare service. |
| 8.3 | The applicant is entitled to request a change of surgery date at least 5 business days before the scheduled surgery. In such a case, an alternative date will be offered. If a change of surgery date is necessary for objective reasons (illness, poor pre-operative test results, or other) within less than 5 business days before the scheduled surgery, a different date will be offered to the applicant. |
| 8.4 | At the agreed time, the applicant reports at the reception of the healthcare provider, where they will be collected by a designated staff member. The staff member accompanies the applicant throughout their visit and during the provision of healthcare services. |
| 8.5 | In the case of an unexcused absence of the applicant, the information „Not used — write off the service“ will be entered in the client zone and the full price of the service remains with the intermediary. Otherwise, „Used“ will be entered. The service is written off in the applicant's client zone. |
| 8.6 | The physician has information about the applicant's visit from the booking system. |
| 8.7 | After the examination has been completed, reports and results are uploaded to the applicant/patient's client zone within „x“ days. In the future, receptionists will upload reports with a tag (outpatient report, MR report, etc.) and location (taken from LESK). |
| 8.8 | After the results are uploaded, the applicant is contacted by a designated staff member and an appointment is arranged if the client needs the examination results explained, etc. |
| 8.9 | By concluding the contract, the applicant acknowledges and agrees that the contracted healthcare provider will be paid for the provided healthcare services from public health insurance (or other insurance of the patient) on the basis of reporting the healthcare service by the contracted provider, with the exception of healthcare services that are not covered by public health insurance, or that will be provided to an applicant who is not a participant of a public health insurance company. |
| 8.10 | When ordering goods, the applicant selects the goods of their choice and proceeds according to the instructions and the procedure set by the intermediary on the intermediary's website. |
Article IX.
Other rights and obligations of the contracting parties
| 9.1 | The applicant acquires the right to have the requested service arranged upon payment of the full price of the service. |
| 9.2 | The intermediary/seller is not bound in relation to the applicant by any codes of conduct within the meaning of Section 1820(1)(n) of the Civil Code. |
| 9.3 | The applicant/patient acknowledges that informed consent is required for every act within the services. If the patient does not provide this consent to the contracted healthcare facility, the contract is cancelled from the outset. |
Article X.
Protection of personal data
| 10.1 | The intermediary/seller, as the controller of personal data provided by the applicant or patient (hereinafter jointly the „data subject“), processes personal data in accordance with applicable law, in particular Act No. 89/2012 Coll., the Civil Code, as amended, Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC, and Act No. 110/2019 Coll., on the processing of personal data, as amended. |
| 10.2 | The intermediary/seller will process the following personal data of the data subject: |
- address and contact details, in particular name, surname, date of birth, birth number, residence, place of birth, telephone number and IP address,
- descriptive data, e.g. bank account number,
- other data arising from a specific contract or from the law, data provided beyond the relevant laws processed under consent granted by the data subject (processing of photographs, use of personal data for personnel procedures, cookies, etc.),
- sensitive data — in particular data about the state of health, including data on the provision of healthcare services.
(hereinafter jointly referred to as the „personal data“), based on:
- the performance of the contractual relationship with the data subject, i.e. negotiation of the conclusion of the contract or its amendment, mutual performance of rights and obligations under the contract,
- the legitimate interest of the intermediary,
- the data subject's consent to the processing of personal data.
| 10.3 | The intermediary may entrust the processing of the applicant's personal data to a third party as a processor. Personal data may be processed electronically in an automated manner. |
| 10.4 | Personal data will be processed for the period strictly necessary arising from the contractual relationship between the applicant and the intermediary and for the enforcement of claims from these contractual relationships (for 10 years from the termination of the contractual relationship, unless a binding legal regulation provides otherwise). |
| 10.5 | The intermediary hereby informs the data subject of their rights, which are as follows: |
- the right to know the purpose of processing personal data,
- the right to know the categories of personal data concerned,
- the right to know the recipients or categories of recipients of personal data,
- the right to know the period for which the personal data will be stored,
- the right to data portability,
- the right to request the controller to rectify or erase personal data or to restrict its processing, and the right to object to such processing,
- the right to lodge a complaint with the supervisory authority,
- the right to any available information about the source of the personal data if not obtained from the data subject,
- the right to withdraw consent to the processing of personal data at any time if personal data are processed based on granted consent,
- information on whether automated decision-making, including profiling, is taking place,
- the right to be informed if the controller intends to process the provided data for a purpose other than that for which they were collected.
| 10.6 | The data subject has the right not to provide personal data to the intermediary. If the provision of such personal data is mandatory (by law or contract), the intermediary notifies the data subject that it will not be able to provide its services. |
| 10.7 | If the data subject requests information on the processing of their personal data, the intermediary is obliged to provide such information. The intermediary is entitled to charge a reasonable fee for providing the information under the previous sentence, not exceeding the costs necessary to provide the information. |
| 10.8 | If the data subject believes that during the processing of personal data the intermediary has breached their rights or obligations set out in the Regulation or national legislation on personal data protection, the data subject may seek remedy using all means available under applicable law, and in particular may request the intermediary to: |
- rectify or erase (delete) such personal data (except where processing is necessary for compliance with a legal obligation), or
- restrict (block) processing.
| 10.9 | The intermediary will always, without undue delay and in any case within one month of receiving a request, inform the data subject of the handling of the request. The data subject may also address their inquiries directly to the Office for Personal Data Protection. |
Article XI.
Cookies
| 11.1 | You have the option to object to the use of cookies while browsing this website at altoa@altoa.cz. |
| 11.2 | The intermediary/seller uses cookies on this website for the purpose of: |
- measuring website traffic and creating statistics on visits to and behaviour of visitors on the website
- website functionality;
| Collecting cookies for the purposes set out in (a) and (b) is considered processing of personal data. | |
| 11.3 | The intermediary/seller processes this personal data on the legal basis of the intermediary/seller's legitimate interest. |
| 11.4 | The intermediary/seller informs the website visitor that the website can also be used in a mode that does not allow the collection of data on visitor behaviour — this mode can be set in the browser settings, or an objection to such collection based on the intermediary's legitimate interest may be raised under Article 21 of the Regulation by sending it to the contact address: Maiselova 38/15, 110 00 Prague 1 – Josefov. The objection will then be evaluated without undue delay, no later than 30 days from receipt. Cookies necessary for the functioning of the website will be kept only for the period strictly necessary for the functioning of the website. |
| 11.5 | If a website visitor objects to the processing of technical cookies necessary for the functioning of the website, full functionality and compatibility of the website cannot be guaranteed in such a case. |
| 11.6 | Cookies collected for the purpose of measuring website traffic and creating statistics on visits to and behaviour of visitors on the website are assessed in aggregate form and in a pseudonymised form that allows identification of an individual only with significant and expert effort. |
| 11.7 | Collected cookie files are processed by additional processors: Rehabilitační nemocnice Beroun and Nemocnice Hořovice. |
| 11.8 | The website visitor has the right to: |
- request information from the intermediary/seller about what personal data it processes,
- request access to such data from the intermediary/seller and have it updated or corrected, or request restriction of processing,
- request the intermediary/seller to erase such personal data — the intermediary/seller will carry out the erasure unless it is contrary to applicable law and the legitimate interests of the intermediary/seller,
- lodge a complaint with the Office for Personal Data Protection and the right to effective judicial protection if they believe that their rights under the Regulation have been violated as a result of processing of their personal data contrary to the Regulation.
Article XII.
Delivery
| 12.1 | Notifications concerning the relationships between the intermediary/seller and the applicant/buyer, in particular those concerning withdrawal from the contract, must be delivered by post as a registered letter or by email, unless otherwise stipulated in the contract. Notifications are delivered to the relevant contact address of the other party and are considered delivered and effective upon their delivery by post, with the exception of a notice of withdrawal made by the applicant/buyer, where the withdrawal is effective if the notice is sent by the applicant/buyer within the withdrawal period. |
| 12.2 | A notification is also considered delivered if its receipt was refused by the addressee, if it was not collected within the storage period, or if it was returned as undeliverable. The contracting parties may deliver ordinary correspondence to each other via email, to the email address of the applicant/buyer or the address specified by the applicant/buyer in the order, or to the address specified on the intermediary/seller's website. |
Article XIII.
Out-of-court handling of complaints
| 13.1 | Out-of-court handling of consumer complaints in connection with the contract is provided by the intermediary/seller via the email address: altoa@altoa.cz. Information about the handling of a consumer (applicant/buyer) complaint will be sent to the consumer's email address. |
| 13.2 | In the event of a consumer dispute arising between the intermediary/seller and the consumer (i.e. applicant/buyer) from the contract that cannot be resolved by mutual agreement, the consumer has, in accordance with Section 20d et seq. of Act No. 634/1992 Coll., on consumer protection, the right to out-of-court settlement of the consumer dispute, i.e. they may submit a proposal for out-of-court settlement of such a dispute to a designated body for out-of-court settlement of consumer disputes, which is the Czech Trade Inspection, Central Inspectorate — ADR Department, Gorazdova 1969/24, 120 00 Prague 2, email: adr@coi.cz. Web: adr.coi.gov.cz |
| 13.3 | Full details of the out-of-court settlement can be found on the website of the Czech Trade Inspection: https://www.coi.cz/. The right to use out-of-court settlement of a consumer dispute under this Article may be exercised within 1 year from the day the right that is the subject of the consumer dispute was first asserted with the intermediary/seller. |
| 13.4 | As a consumer, the client may also use the online dispute resolution platform established by the European Commission at http://ec.europa.eu/consumers/odr/. The European Consumer Centre Czech Republic, with registered office at Gorazdova 1969/24, 120 00 Prague 2, website: http://www.evropskyspotrebitel.cz, is the contact point under Regulation (EU) No. 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No. 2006/2004 and Directive 2009/22/EC (Regulation on consumer ODR). |
| 13.5 | Other organisations competent for the resolution of consumer disputes are: (i) Spotřebitelský ombudsman, z.ú. (OnlineMediator.cz), email: info@onlinemediator.cz, web: https://onlinemediator.cz/, (ii) Sdružení českých spotřebitelů, z.ú., email: scs@konzument.cz, web: www.konzument.cz |
| 13.6 | Detailed information on consumer protection and out-of-court dispute resolution is also available on the website of the Ministry of Industry and Trade of the Czech Republic: www.mpo.cz/cz/ochrana-spotrebitele/. |
Article XIV.
Final provisions
| 1.1 | If a relationship established by the contract contains an international (foreign) element, the parties agree that the relationship is governed by Czech law. This does not affect consumer rights arising from generally binding legal regulations. |
| 1.2 | If any provision of the terms and conditions is invalid or ineffective, or becomes so, a provision that most closely approaches the meaning of the invalid provision shall be substituted. The invalidity or ineffectiveness of one provision does not affect the validity of the other provisions. Changes and amendments to the contract or terms and conditions require written form. |
| 1.3 | The contract, including the terms and conditions, is archived by the intermediary electronically and is not freely accessible. |
| 1.4 | Provisions deviating from the terms and conditions may be agreed in the contract. Deviating provisions in the contract prevail over the provisions of the terms and conditions. |
| 1.5 | The provisions of the terms and conditions are an integral part of the contract. The contract and the terms and conditions are drawn up in the Czech language. |
| 1.6 | The wording of the terms and conditions may be changed or supplemented by the intermediary. This provision does not affect rights and obligations arising during the period of effect of the previous wording of the terms and conditions. |
In Prague on 17 March 2025
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