GENERAL TERMS AND CONDITIONS (hereinafter referred to as "GTC")
I/ DefinitionsIn the context of these GTC and the contracts of which these GTC form an integral part, i.e. contracts for the provision of the Service as specified below, the following shall mean
- Provider: Palm Leaves Prague s.r.o., with registered office at Dělnická 1020/54, 170 00 Prague 7 Holešovice, ID No.: 08694915, registered in the Commercial Register maintained by the Municipal Court in Prague, File C323433, acting as Ing. 5798298389/0800, IBAN CZ23 0800 0000 0057 9829 8389, BIC GIBACZPX, contact phone number: +420 777 716 117, contact e-mail for online communication: firstname.lastname@example.org, contact address for postal correspondence: Dělnická 1020/54, 17000 Praha 7 Holešovice.
- Service: The Provider's performance consisting in organizing and subsequently facilitating "nadi reading" - reading of hope - and translation via Skype. "Nadi reading" - reading of nadis in Tamil language and translation into English language is provided by the reader. Free translation into English is provided by the Provider at the place of service delivery. The "Nadi reading" - reading of Nadis and translation, hereinafter referred to as the Service, shall take place until all queries of the Client have been answered, but not more than 4 hours. The Service is described in more detail on the website www.palmovelisty.cz.
- Customer: The person who orders the provision of the Service from the Provider.
- System: the information and ordering system for the purpose of ordering the Service operated on the website www.palmovelisty.cz.
- Price: The Provider's remuneration for providing the Service to the Customer in accordance with Article V of this Agreement.
II/ Introductory provisions
- The GTC regulate the mutual rights and obligations of the Provider and the Customer when providing the Service. The GTC form an integral part of each contract for the provision of the Service (hereinafter also referred to as the "Contract") and thus become an integral part of the contractual arrangement of the parties to this relationship. The regulation of mutual relations made by the GTC takes precedence over the dispositive provisions of the law that would otherwise apply to the given relationship. By sending the order, the Customer confirms that he/she has read the GTC and expressly acknowledges that the GTC are part of the contractual arrangement between him/her and the Provider.
- The Customer acknowledges that the Provider is entitled to change these GTC at its discretion to a reasonable extent, and such change will be notified to the Customer by publication on the website www.palmovelisty.cz. In the event of a change to the GTC, the Client shall have the right to terminate the Contract of which these GTC form a part by written notice sent to the Provider by registered mail and return receipt no later than 15 days from the date on which the change was notified by the Provider. The Parties agree on a 3-month notice period for the termination of the Contracts, starting on the first day of the month following the month in which the Provider received the Customer's notice.
- The Customer of the Service is in the vast majority of cases a consumer, but may also be an entrepreneur. A consumer is any person who, outside the scope of his business activity or outside the scope of his independent exercise of his profession, enters into a contract with a business or otherwise deals with a business. An entrepreneur is a person who independently carries on a gainful activity on his own account and responsibility by means of a trade or similar activity with the intention of doing so on a regular basis for profit.
- By way of introduction, the Provider expressly draws the Customer's attention to the following specifics of the Service, on the understanding that the Customer confirms that he/she has familiarised himself/herself with the nature of the Service by sending the order:
- The Contract of which these GTC form part is a bold contract within the meaning of Section 2756 ff. of Act No. 89/2012 Coll., Civil Code (hereinafter referred to as the "Civil Code") with regard to the unique nature of the Service,
- The content of the nadi reading is not known to the Provider in advance and is therefore not responsible for the content of the nadi reading. The content of the nadi reading is always very specific.
- The Provider informs the Customer in advance that the Service may contain information and answers that may have a significant impact on the emotional and intimate sphere of the Customer, on the quality of his/her life and thus are capable of affecting the Customer's life and his/her own perception of himself/herself and his/her surroundings.
- The Service includes translation from Tamil into English by a reader. Free translation into English is provided by the Provider at the place of performance of the Service, which is performed exclusively by Ing. Pavel Krejčí, the Provider's managing director, or persons authorised by him. Translation by another person is not allowed. Free translation includes the actual translation of the content of the service and also an explanation for better understanding of the content of the service.
- The time of provision of the Service on the given date is only indicative. The Service may be provided to more than one person at a given time (day). However, during the actual provision of the Service, only the person to whom the Service is provided, the virtual Palm Leaf reader and the person(s) of the Provider in charge of providing the Service are always present, unless the Customer reserves the right to have another person(s) present.
- The Palm Leaf Reader shall request a fingerprint from the Customer at the agreed Service time, the Customer shall take the fingerprint, show it to the Palm Leaf Reader and take it home with them at the end of the Service. The Provider does not handle or work with the fingerprint, but only informs the Reader in advance that the fingerprint will be required.
III/ Conclusion of the contract and provision of the Service
- The proposal for the conclusion of the Contract with the Customer is the publication of an offer for the provision of the Service in the System, the Contract is concluded by sending the order by the Customer. Clicking on the "Submit Order" button shall be deemed to be the submission of the order. The Provider will confirm the receipt of the order to the Customer, but this confirmation is only informative. Confirmation of orders is made by the Provider by e-mail or telephone to the contact details provided by the Customer. The Contract thus formed (including the agreed price) may only be amended or cancelled by agreement of the parties or on the basis of legal grounds.
- The place of performance of the service is: Prague 7 Holešovice, Dělnická 1020/54, 5th floor.
- The service will be provided only on condition and only after all the following conditions have been met:
- Filling in all required data in the order form and sending the order.
- Payment of the Price according to Article V/ of these GTC within 7 days from the date of sending the order.
- Choice of the date of provision of the Service within the Order or by subsequent agreement with the Provider (the date can be agreed by phone or e-mail at the above contact details).
If the Price according to Article III/ paragraph 3 letter b) of these GTC is not paid in full within 7 days from the date of sending the Order, the Provider is entitled to withdraw from the Contract. If the Customer has paid part of the Price, this amount will be automatically transferred back to the Customer's account.
IV/ Date changes and cancellation
- Cancellation of the date by the Provider: The Provider reserves the right to unilaterally cancel the originally agreed date and propose an alternative date to the Client in the following cases:
- In case of illness of the reader or the Provider's person in charge of the Service
- In the event of impossibility or limitation of the Service caused by malfunctions of the Internet network, as well as other circumstances of a technical nature that the Provider is unable to influence or whose solution requires the cooperation of third parties.
- In case of impossibility to provide the Service organizationally, if it does so more than 30 days before the agreed date.
If a replacement date is not agreed upon by the Client and the Provider within 6 months of the original date, either party shall have the right to withdraw from the Contract. If the Customer has already paid part or all of the Price, this amount will be automatically refunded to the Customer's account in the event of withdrawal from the Contract. The Customer shall not be entitled to any other compensation in connection with the change of date or the subsequent withdrawal from the Contract.
- Change of date by the Customer: The Customer is entitled to change the selected date in agreement with the Provider. The first change of the date is allowed without the Provider being entitled to the costs incurred (i.e. free of charge). In the case of the second change of date, the Provider is entitled to payment of the expenses incurred so far in the lump sum of CZK 800. The proposal for the third change of the date shall be considered as the Client's withdrawal from the Contract and the procedure shall be in accordance with paragraph 7 of this Article.
- Cancellation by the Provider: the Provider reserves the right to withdraw from the Contract in the following cases:
- If the Provider considers, in view of its knowledge of the environment, that the order is a dishonest order or an order contrary to good morals, within 3 working days from the date of the order,
- 6In the event of a technical error in the System directly affecting that order, within 3 working days of the date of the order,
- If the Reader ceases to cooperate with the Provider, within 3 business days of the date on which the Reader communicated this fact to the Provider, or if the Reader failed to do so, within 3 business days after the expiration of the 30-day period in which the Provider failed to contact the Reader.
If the Customer has already paid part or all of the Price, this amount will be automatically transferred back to the Customer's account. The Customer shall not be entitled to any other compensation in connection with the withdrawal from the Contract.
If the Customer has already paid part or all of the Fee for the provision of the Service according to Article V/ before the cancellation of the Contract, the Provider shall credit the cancellation fee to this amount and automatically transfer the remaining amount back to the Customer's account. If the Customer has not paid an amount sufficient to cover the severance fee by the date of cancellation, the Customer shall pay the severance fee to the Provider within 30 days of cancellation.
- Cancellation by the Client: the Client is entitled to cancel the Contract by paying the following amount of severance pay:
- 25% of the Price if the Customer cancels the Contract at least 14 days before the agreed date of provision of the Service,
- 50% of the Price if the Customer cancels the Contract at least 7 days before the agreed date of provision of the Service,
- 100% of the Price if the Customer cancels the Contract later than 7 days before the agreed date of provision of the Service.
If the Customer has already paid part or all of the Price before cancelling the Contract, the Provider will credit the cancellation fee to this amount and automatically transfer the remaining amount back to the Customer's account. If the Customer has not paid an amount sufficient to cover the severance fee by the date of cancellation of the Contract, the Customer shall pay the severance fee to the Provider within 30 days of cancellation of the Contract.
The Contract shall also be cancelled if the Client's palm leaf is not traced. In the event that the Customer has already paid part or all of the Price, this amount will be automatically transferred back to the Customer's account. The Customer shall not be entitled to any other compensation in connection with the cancellation of the Contract.
V/ Payment terms
- The remuneration for the provision of the Service is <%=cenaZaCteni & mena%> (<%=cenaZaCteniEu & mena2 %>).
- Due to the extensive administration related to the provision of the Service, payment in advance is required, therefore the Price is payable within 7 days of the order being sent to the account number: 5798298389/0800, IBAN CZ23 0800 0000 0057 9829 8389, BIC GIBACZPX. The payment must be specified by the variable symbol, which is the order number and the year of its issue (e.g. 0012020 for 1 order in 2020).
- The price is deemed to be paid when the relevant amount is credited to the Provider's account.
- The price may be changed without prior notice, the Client can check the current amount of the remuneration in the System. For the Customer, the Price indicated in the System at the time of sending the order is decisive.
- A tax receipt will be issued to the Customer after the Provider has received the Price in full in its bank account.
VI/ Consumer information and the possibility to withdraw from the contract
- The Provider, in accordance with its legal obligations, informs the Customer-Consumer that it has the right to withdraw from the Contract without any penalty and without giving any reason within 14 days of receipt of the goods, in accordance with Section 1829 ff. of the Civil Code. To withdraw from the Contract, the Customer may use the form available for download on the system on the website www.palmovelisty.cz. The withdrawal form must indicate the bank account (account number and bank institution) where the Customer can be refunded.
- The Provider hereby informs the Customer that the performance of the Contract must begin before the expiry of the withdrawal period and the Customer-Consumer is then obliged to pay the termination fee according to Article IV, paragraph 4 of the GTC even in the case of withdrawal. Within 14 days of withdrawal from the Contract, the Provider shall return to the Customer the sums paid after deduction of the proportional part of the Price according to the previous sentence. The amounts paid shall be refunded to the Client by transfer to the Client's bank account, unless the Parties agree otherwise.
- The Provider shall further inform the Customer-Consumer of the following: the Provider shall ensure, through a specialist company, the functionality of the digital content of this website, provided that the content accessed by the Customer is valid, the digital content should be compatible with commonly used hardware devices and software equipment. The cost of the Customer's means of remote communication shall be borne by the Customer, the cost of the Provider's means of remote communication shall be borne by the Provider, and the cost shall not differ from the base rate. The Contract (order including GTC), concluded in this System, is sent to the Customer at the email address provided by the Customer and is subsequently stored with the Provider in electronic form and may be sent to the Customer again upon request. The Contract can be concluded in Czech language, in foreign languages only by agreement of the parties to the Contract.
VII/ Information on the processing of personal data
The Provider, as the controller of personal data, makes every effort to protect the privacy of all visitors to the System and guarantees the confidential treatment of all personal data it processes. The processing of all personal data collected from users of the System (hereinafter also collectively referred to as "Users") is carried out in accordance with 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, as in force from 25 May 2018, and related regulations.
Processing of users' personal data
The Provider processes the personal data of users only if it is necessary to fulfil the purposes for which the personal data were provided. Personal data is used only with the knowledge of the users or with their consent, if required in a given case.
Performance of the contract
The Provider processes, for the duration of the rights and obligations under the Service Contract - Palm Leaf Reading, to which the Customer is a party, the personal data necessary for the performance of this Contract. For this reason, the Provider requires the following personal data of the User in the order form of the System: name, surname, telephone, e-mail, postal code, country. For this reason, the Provider also processes the personal data provided by the person interested in the trip to India, which the Provider helps them to organize. For this reason, the Provider processes the following personal data of the User: name, surname, telephone, e-mail, postal code, country, address, date of birth and other data provided by the User to the Provider for this purpose. The personal data of users may be transferred to the Provider's contractual partners, e.g. cooperating translators.
Performance of legal obligations
The Provider also processes the personal data of users because the processing is necessary for the performance of legal obligations to which the Provider is subject. The personal data will be processed for the time necessary to comply with legal obligations as required by the relevant legislation (e.g. in the field of accounting and taxation). Personal data may be passed on to third parties, usually state authorities, if the legal regulations imply an obligation to pass on personal data.
Personal data of users who have subscribed to the service in the past may be used to send occasional or targeted advertising. In this way, users' personal data is processed for a period of 5 years from the last order.
The Provider processes some cookies of users on the grounds that the processing is necessary for the purposes of the Provider's legitimate interests - in particular cookies necessary for the functioning of the System website. This includes the processing of cookies for order processing and other areas related to ensuring a comfortable user experience of the e-shop.
The User is entitled to request access to his/her personal data, i.e. he/she has the right to request confirmation that his/her personal data is being processed and the right to request information about the processing process. The user may request rectification if the personal data is inaccurate or completion if the personal data is incomplete. The user may object, request erasure and limit the processing of personal data only on the grounds provided for by law or regulation. Any questions regarding the processing of personal data will be answered by the User at the contact details of the Provider specified in the introduction to these GTC. In case of doubts about the compliance with the obligations of the controller, the user may contact the contact details of the Provider listed in the introduction to these GTC and, if applicable, file a complaint with the Office for Personal Data Protection.
VIII/ Other arrangements
- Communication made by electronic communication using the Provider's email address specified above and the Customer's email address specified in the Order shall be binding between the Parties.
- Contractual relations arising from this Agreement shall be governed by Czech law, in particular Act No. 89/2012 Coll., the Civil Code. For the Customer-entrepreneur, the provisions of Article VI. VI. of the GTC shall not apply and it is agreed that the Client-entrepreneur's right against the Provider to compensation for damages caused by the breach of the Provider's obligations under the Contract, in particular damages resulting from defects in the goods, shall be limited to the amount of such damages corresponding to the price of the Services; this provision shall not apply if the damage is caused by the Provider intentionally.
- The costs of exercising the rights arising from the contractual legal relationship based on the Contract shall be borne by each of the parties to the Contract to the full extent.
- The Customer is not entitled to assign its claim against the Provider arising from this Agreement to a third party without the Provider's consent.
- The Contract does not require a written form. If the Contract has been concluded in writing, amendments and supplements to the Contract must also be made in writing.
- Special arrangements with the Customer made in writing in the Contract itself shall prevail over those provisions of the GTC which would conflict with them.
- Should individual provisions of the GTC be found invalid, such invalidity shall not apply to the other provisions.