1. INTRODUCTORY PROVISIONS

1.1. These Terms and Conditions (hereinafter referred to as “terms and conditions”) of the company DAMI INVESTMENTS s.r.o., with registered office at Vojtěšská 211/6, Nové Město, 110 00 Prague 1, identification number: 19351518, registered at the Municipal Court in Prague under file number C 385212 (hereinafter referred to as “seller”) govern the mutual rights and obligations of the parties arising in connection with a purchase in the online store or under a purchase contract (hereinafter referred to as “purchase contract”) concluded between the seller and another natural or legal person (hereinafter referred to as “buyers”) via the Seller’s online shop. The online shop is operated by the Seller at the Internet address www.massagevouchers.cz, via the web interface (hereinafter referred to as “web interface of the shop”).

1.2. The Terms and Conditions further regulate the rights and obligations of the parties when using the Seller’s website located at www.massagevouchers.cz, (hereinafter referred to as “Website”) and other related legal relationships. The Terms and Conditions do not apply to cases where a person who intends to purchase goods from the Seller is acting in the course of his or her business when ordering goods.

1.3. Provisions deviating from the terms and conditions may be agreed in the purchase contract. Any deviating provisions in the Purchase Agreement shall prevail over the provisions of the Terms and Conditions.

1.4. The provisions of the terms and conditions are an integral part of the purchase contract. The Purchase Agreement and the Terms and Conditions are in Czech language. The purchase contract can be concluded in Czech.

1.5. The Seller may change or supplement the wording of the Terms and Conditions. This provision does not affect the rights and obligations arising during the validity of the previous version of the Terms and Conditions.

1.6. This website is an e-shop.

2. CONCLUSION OF THE PURCHASE CONTRACT

2.1. The web interface of the shop contains a list of goods offered for sale by the Seller, including the prices of the individual goods offered. The prices of the goods offered are inclusive of value added tax and all related charges. The offer for sale of goods and the prices of these goods remain valid for the time they are displayed in the web interface of the shop. This provision does not restrict the seller’s ability to conclude the purchase contract on individually agreed terms. All offers for sale of goods placed in the web interface of the shop are non-binding and the seller is not obliged to conclude a purchase contract for these goods.

2.2. The web interface of the shop also contains information on the costs associated with packaging and delivery of goods. The information about the costs associated with packaging and delivery of goods listed in the web interface of the shop is valid only in cases where the goods are delivered within the Czech Republic.

2.3. To order goods, the buyer fills in the order form in the web interface of the shop. The order form contains information about:

• ordered goods (the ordered goods are “inserted” by the buyer into the electronic shopping cart of the web interface of the store),
• the method of payment of the purchase price of the goods, details of the required method of delivery of the ordered goods and
• information on the costs associated with the delivery of the goods (hereinafter collectively referred to as “order”.

2.4. Before sending the order to the Seller, the Buyer is allowed to check and change the data that the Buyer has entered into the order, including with regard to the Buyer’s ability to detect and correct errors arising from the data entered into the order. The buyer sends the order to the seller by clicking on the “Send Order” button. The information provided in the order is considered correct by the seller. The Seller shall confirm receipt of the order to the Buyer immediately upon receipt by electronic mail to the Buyer’s electronic mail address specified in the user interface or in the order (hereinafter referred to as “electronic address of the buyer”).

2.5. Depending on the nature of the order (quantity of goods, amount of the purchase price, estimated shipping costs), the Seller is always entitled to ask the Buyer for additional order confirmation (for example, in writing or by phone).

2.6. The contractual relationship between the seller and the buyer is established by sending the order.

2.7. The Buyer acknowledges that the Seller is not obliged to conclude the Purchase Agreement, especially with persons who have previously materially breached the Purchase Agreement (including the Terms and Conditions).

2.8. The buyer agrees to the use of remote communication means in concluding the purchase contract. Costs incurred by the buyer when using remote means of communication in connection with the conclusion of the purchase contract (costs of internet connection, costs of telephone calls) shall be borne by the buyer himself.

3. PRICE OF GOODS AND PAYMENT TERMS

3.1. The price of the goods and any costs associated with the delivery of the goods under the Purchase Contract may be paid by the Buyer to the Seller in the following ways:

• in cash at the seller’s premises at Žitná 1667/41, 110 00 Nové Město, Prague 1
• in cash on delivery at the place specified by the buyer in the order.
• by wire transfer to the seller’s account no. 131-1186260277/0100, held at Komerční banka a.s. (hereinafter referred to as “seller’s account”);

3.2. Together with the purchase price, the buyer is also obliged to pay the seller the costs associated with the packaging and delivery of the goods. Which are not included in the purchase price.

3.3. In case of payment in cash or cash on delivery, the purchase price is payable upon receipt of the goods.

3.4. In case of non-cash payment, the buyer is obliged to pay the purchase price of the goods together with the variable symbol of the payment. In the case of non-cash payment, the buyer’s obligation to pay the purchase price is fulfilled at the moment of crediting the relevant amount to the seller’s account.

3.5. Any discounts on the price of the goods granted by the Seller to the Buyer cannot be combined. The Seller shall issue a tax document – an invoice to the Buyer in respect of payments made under the Purchase Agreement. The seller is a payer of value added tax. The tax document – invoice will be issued by the seller to the buyer and sent to the buyer together with the goods to the specified address. In the case of cash payment – he will hand it over to him personally on the spot.

4. WITHDRAWAL FROM THE PURCHASE CONTRACT

4.1. If the contract of sale is concluded by means of distance communication (online shop), the buyer has the right, in accordance with § 1829 para. 1 of the Civil Code, the right to withdraw from the contract without giving any reason within 14 days of receipt of the goods. Withdrawal from the purchase contract must be sent to the seller within fourteen (14) days of receipt of the goods. Withdrawal from the purchase contract must be delivered to the seller within fourteen (14) days of receipt of the goods, to the seller’s business address or to the seller’s e-mail address info@shop.massageerotic.cz 4.2. In the event of withdrawal from the contract pursuant to Art. 4.1 of the Terms and Conditions, the Seller shall return the funds received from the Buyer (except for the amount representing the additional costs of delivery of the Goods incurred as a result of the Buyer’s chosen method of delivery of the Goods other than the cheapest method of standard delivery of the Goods offered by the Seller) within 14 days of the Buyer’s withdrawal from the Purchase Contract, in the same manner as the Seller received them from the Buyer, unless the Buyer specifies otherwise. The Seller is also entitled to return the performance provided by the Buyer when returning the goods by the Buyer or in another way, if the Buyer agrees to this and does not incur additional costs to the Buyer. If the buyer withdraws from the purchase contract, the seller is not obliged to return the received funds to the buyer before the buyer returns the goods to him or proves that he has sent the goods to the seller. If the buyer withdraws from the purchase contract, the cost of transporting the goods back to the seller is borne by the buyer.

4.3. However, the Act’s provision for withdrawal from the contract within 14 days cannot be understood as an option for free loan of goods. If the consumer exercises the right to withdraw from the contract within 14 days of receipt of the performance, the consumer must hand over to the seller within 14 days of the withdrawal everything he/she has received under the purchase contract. If this is no longer possible (e.g. the goods have been destroyed or consumed in the meantime), the consumer must provide monetary compensation in return for what can no longer be delivered. If the returned goods are only partially damaged, the seller can claim the consumer’s right to compensation and set off his claim against the returned purchase price. In such a case, the seller is obliged to prove the damage incurred. In such a case, the seller will only refund the consumer the reduced purchase price.

The Seller may add to the purchase price to be refunded to the Buyer its actual costs incurred in returning the goods.

4.4. The Purchaser acknowledges that, pursuant to the provisions of Section 1837 of the Civil Code, as amended (hereinafter referred to as the “Civil Code”), the Purchase Contract for the supply of goods adapted to the Purchaser’s wishes, as well as goods that are subject to rapid deterioration, wear and tear or obsolescence, the Purchase Contract for the supply of audio and video recordings and computer programs, if the consumer has damaged their original packaging, and the Purchase Contract for the supply of newspapers, periodicals and magazines, among others, may not be withdrawn.

The consumer does not have the right to withdraw from the contract in accordance with the provisions of Section 1837 of the Civil Code, in particular in the case of contracts:

• on the provision of services, if they have been performed with the consumer’s prior express consent before the expiry of the withdrawal period and the trader has informed the consumer before the conclusion of the contract that he has no right to withdraw from the contract in such a case,
• the supply of goods or services, the price of which depends on the fluctuations of the financial market independently of the entrepreneur’s will and which may occur during the withdrawal period,
• the delivery of goods that have been adapted to the consumer’s wishes or for the consumer’s person,
• the delivery of perishable goods and goods which have been irretrievably mixed with other goods after delivery,
• the delivery of goods in sealed packaging which the consumer has removed from the packaging and which cannot be returned for hygiene reasons,
• the delivery of an audio or visual recording or computer program if it has infringed its original packaging,
• for the supply of newspapers, periodicals or magazines,
• for the supply of digital content, unless it was supplied on a tangible medium and was supplied with the consumer’s prior express consent before the expiry of the withdrawal period and the trader has informed the consumer before the conclusion of the contract that in such a case he has no right of withdrawal

4.5. The Seller reserves the right to cancel an order for goods marked “Out of stock” in the event that the goods can no longer be delivered or replaced by another model or if its price has changed significantly and the customer does not accept this before the actual formation of the purchase contract. The seller informs the customer of this situation. If part or all of the order has been paid, the customer will be refunded.

5. TRANSPORT AND DELIVERY OF GOODS

5.1. The method of delivery of the goods is determined by the seller, unless otherwise specified in the purchase contract. If the method of transport is agreed upon at the request of the buyer, the buyer bears the risk and any additional costs associated with this method of transport.

5.2. In the event that for reasons on the part of the buyer it is necessary to deliver the goods repeatedly or in a different way than specified in the order, the buyer is obliged to pay the costs associated with the repeated delivery of goods, respectively. the costs of other delivery methods.

5.3. Upon receipt of the goods from the carrier, the buyer is obliged to check the integrity of the packaging of the goods and in the event of any defects immediately notify the carrier. In the event of a breach of packaging indicating that the shipment has been tampered with, the buyer may not accept the shipment from the carrier. By signing the delivery note, the buyer confirms that the shipment of goods has met all conditions and requirements and that any later claims regarding the damage to the packaging of the shipment cannot be taken into account.

5.4. Other rights and obligations of the parties in the carriage of the goods may be regulated by the Seller’s delivery conditions.

5.5. Failure to receive the parcel on delivery does not mean that the order has been cancelled or that the purchase contract has been withdrawn. In such a case, pursuant to § 2118 para. 1 of Act no. 89/2012 Coll. of the new Civil Code to a breach of the purchase contract by the customer. In this case, we will ask you to pay the costs incurred. Costs consist of the cost of transport, materials and labour – for goods this is shipping price stated in the order + 100 CZK. Claims arising from non-payment of these costs are referred to a specialised agency for recovery.

6. LIABILITY FOR DEFECTS, WARRANTY

6.1. The rights and obligations of the contracting parties with regard to the seller’s liability for defects, including the seller’s warranty liability, are governed by the relevant generally binding regulations (in particular the provisions of Sections 1914 to 1925, Sections 2099 to 2117 and Sections 2161 to 2174 of Act No. 89/2012 Coll., the Civil Code).

6.2. The seller is liable to the buyer for the fact that the sold item is in conformity with the purchase contract, in particular that it is free of defects. Conformity to the contract of sale means that the sold item has the quality and utility characteristics required by the contract, described by the seller, the manufacturer or his representative, or expected on the basis of their advertising, or the quality and utility characteristics of the type usual for the item, that it conforms to the requirements of the legal regulations, is in the appropriate quantity, measure or weight and corresponds to the purpose for which the seller states the item is used or for which the item is usually used.

6.3. In the event that the item is not in conformity with the purchase contract upon acceptance by the buyer (hereinafter referred to as “conflict with the purchase contract”), the buyer has the right to have the seller put the item into a condition corresponding to the purchase contract free of charge and without undue delay, either by replacing the item or by repairing it, as requested by the buyer; if such a procedure is not possible, the buyer may demand a reasonable discount on the price of the item or withdraw from the contract. This does not apply if the buyer knew about the contradiction with the purchase contract before taking over the item or caused the contradiction with the purchase contract himself. A contradiction with the purchase contract which becomes apparent within six (6) months from the date of acceptance of the item shall be deemed to exist at the time of acceptance, unless this is contradicted by the nature of the item or unless the contrary is proven.

6.4. Unless the goods are perishable or second-hand, the seller is liable for defects that manifest themselves as a breach of the purchase contract after the acceptance of the goods within the warranty period (warranty).

6.5. The Buyer’s rights arising from the Seller’s liability for defects, including the Seller’s warranty liability, shall be exercised by the Buyer at the Seller’s business address: Žitná 1667/41, 110 00 Nové Město, Prague 1

7. OTHER RIGHTS AND OBLIGATIONS OF THE PARTIES

7.1. The buyer acquires ownership of the goods by paying the full purchase price of the goods.

7.2. The Buyer acknowledges that the software and other components forming the web interface of the shop (including photographs of the goods offered) are protected by copyright. The Buyer undertakes not to carry out any activity that could allow him or third parties to interfere with or use the software or other components of the web interface of the shop in an unauthorized manner.

7.3. The Buyer is not entitled to use mechanisms, software or other procedures that could have a negative impact on the operation of the web interface of the shop. The web interface of the shop may only be used to the extent that it is not to the detriment of the rights of other customers of the Seller and that is consistent with its purpose.

7.4. The Seller is not bound by any codes of conduct in relation to the Buyer within the meaning of § 53a para. 1 of the Civil Code.

7.5. The Buyer acknowledges that the Seller shall not be liable for errors resulting from third party interference with the Website or from use of the Website contrary to its intended use.

8. DATA PROTECTION AND SENDING COMMERCIAL COMMUNICATIONS

8.1. With regard to the protection and processing of the Buyer’s personal data and the sending of commercial communications, the following shall apply this privacy policy.

8.2. We determine your satisfaction with your purchase by means of e-mail questionnaires within the framework of the Verified by Customers program, in which our e-shop is involved. We send these to you every time you make a purchase with us, if, within the meaning of § 7 para. 3 of Act No. 480/2004 Coll. on certain information society services, you will not refuse to send them. The processing of personal data for the purpose of sending questionnaires within the framework of the Verified by Customers programme is carried out on the basis of our legitimate interest, which consists in determining your satisfaction with your purchase with us. We use a processor for sending questionnaires, evaluating your feedback and analysing our market position, which is the operator of the Heureka.cz portal; for these purposes we may pass on information about the goods you have purchased and your e-mail address. Your personal data is not passed on to any third party for their own purposes when sending email questionnaires. You can object to the sending of email questionnaires under the Customer Verified programme at any time by rejecting further questionnaires using the link in the email containing the questionnaire. If you object, we will not send you the questionnaire.

9. SUBMISSION

9.1. Unless otherwise agreed, all correspondence related to the Purchase Contract must be delivered to the other party in writing by electronic mail, in person or by registered mail through the postal service provider (at the sender’s choice). The buyer is delivered to the e-mail address specified in his/her user account or in the sent order.

9.2. The message is delivered:

• in the case of delivery by electronic mail, the moment of its receipt on the incoming mail server; the integrity of messages sent by electronic mail may be ensured by a certificate,
• in the case of delivery in person or through a postal service operator, by the recipient taking delivery of the parcel,
• in the case of delivery in person or through a postal service operator, also by refusing to accept the consignment if the addressee (or a person authorised to accept the consignment on his/her behalf) refuses to accept the consignment,
• in the case of delivery through a postal service operator, the expiry of the period of ten (10) days from the deposit of the consignment and the giving of a notice to the addressee to take delivery of the deposited consignment, if the consignment is deposited with the postal service operator, even if the addressee has not been informed of the deposit.

10. FINAL PROVISIONS

10.1. If the relationship related to the use of the website or the legal relationship based on the purchase contract contains an international (foreign) element, then the parties agree that the relationship is governed by Czech law. This is without prejudice to the consumer’s rights under generally binding legislation.

10.2. If any provision of the Terms and Conditions is or becomes invalid or ineffective, the invalid provision shall be replaced by a provision whose meaning is as close as possible to the invalid provision. The invalidity or ineffectiveness of one provision shall not affect the validity of the other provisions. Amendments and additions to the Purchase Agreement or the Terms and Conditions require a written form.

10.4. Seller’s contact details: delivery address Žitná 1667/41,110 00 Nové Město, Prague 1.

e-mail address info@shop.massageerotic.cz,

phone +420 723 323 278

In Prague on 1. 2. 2024

DAMI INVESTMENTS s.r.o.