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Terms and conditions of online sale of TeeTime SE

TeeTime SE online sales terms and conditions

trading company TeeTime SE
with registered office Štětkova 1638/18, zip code: 140 00 Prague 4 - Nusle
identification number: 24236381
registered in the commercial register maintained by the Regional Court in Prague, section H, insert 840
for the sale of goods and services through an online store located at the Internet address
www.teetime.cz
e-mail: teetime@teetime.cz
phone:


1. Introductory Provisions


1.1. These terms and conditions (hereinafter referred to as the "terms and conditions") of the TeeTime SE trading company with registered office at Štětkova 1638/18, Nusle, 140 00 Prague 4, ID number: 24236381, registered in the commercial register maintained by the Regional Court in Prague, section H, file 840 (hereinafter only the "seller") regulate the mutual rights and obligations of the contracting parties arising in connection with or on on the basis of the purchase contract (hereinafter referred to as the "purchase contract") concluded between the seller and another natural person (hereinafter referred to as the "buyer") via the seller's online store. The online store is operated by the seller on a website located at the internet address www.teetime.cz (hereinafter referred to as the "website"), through the website interface (hereinafter referred to as the "store web interface").
1.2. The terms and conditions do not apply to cases where the person who intends to purchase goods or services from the seller is a legal entity or a person who, when ordering goods or services, acts as part of his business activity or as part of his independent profession.
1.3. Provisions deviating from the terms and conditions can be negotiated in the purchase contract. Deviating provisions in the purchase contract take precedence over the provisions of the terms and conditions.
1.4. The terms and conditions are an integral part of the purchase contract. The purchase contract and terms and conditions are drawn up in the Czech language.
1.5. The wording of the terms and conditions may be changed or supplemented by the seller. This provision does not affect the rights and obligations arising during the period of validity of the previous version of the terms and conditions.
1.6. For the purposes of these terms and conditions, the service is understood as the purchase of entry to a golf course in the Czech Republic and SK, the operator of which is a third party, specifying the exact date and time period (so-called tee-time).


2. User account

2.1. Based on the buyer's registration on the website, the buyer can access its user interface. For the purpose of registration, the following information about the buyer is required from the buyer: (i) the name of the federation of which he is a member; (ii) membership number; (iii) date of birth. After verifying the correctness of the data, the user will be registered. From its user interface, the buyer can order goods or services (hereinafter referred to as "user account"). If the store's web interface allows it, the buyer can also order goods or services without registration directly from the store's web interface.
2.2. After establishing a user account, the buyer has the option to deposit a monetary amount ("Credit") to the user account. The credit deposit is made cashless by payment card via the payment gateway. The buyer has the possibility to inquire about the amount of the Credit through the user account.
2.3. When registering on the website and when ordering goods or services, the buyer is obliged to enter all data correctly and truthfully. The buyer is obliged to update the data specified in the user account in case of any change. The data provided by the buyer in the user account and when ordering goods or services are considered correct by the seller.
2.4. Access to the user account is secured by a username and password. The buyer is obliged to maintain confidentiality regarding the information necessary to access his user account.
2.5. The buyer is not authorized to allow the use of the user account by third parties.
2.6. The seller can cancel the user account, especially if the buyer does not use his user account for more than 18 months, or if the buyer violates his obligations under the purchase contract (including the terms and conditions).
2.7. The buyer acknowledges that the user account may not be available continuously, especially with regard to the necessary maintenance of the seller's hardware and software equipment, or necessary maintenance of hardware and software equipment of third parties.

3. Conclusion of the purchase contract


3.1. Given that the buyer is a consumer, the proposal for concluding a contract is an offer, the placement of the offered goods is a service on the seller's website. The purchase contract is created by sending the order by the buyer (order) by pressing the button "order binding for fulfillment".
3.2. Before concluding the contract, the buyer is familiarized with these terms and conditions, the Privacy Policy and the General Terms and Conditions of the TeeTime SE Loyalty Program. The condition for the conclusion of the contract is the unconditional acceptance by the buyer of the wording of these terms and conditions, with which he had the opportunity to familiarize himself, and the obligation to comply with these terms and conditions. The terms and conditions form an integral part of the purchase contract, including the appendices to the terms and conditions. In the event of any conflict, the wording of the purchase contract takes precedence over the wording of the terms and conditions.
3.3. The seller is obliged to immediately confirm the receipt of this order. The seller is not responsible for any errors during data transmission. The buyer is not entitled to change the conditions of the seller's offer in the order, even if the changes are minor.
3.4. The store's web interface contains information about goods or services, including listing the prices of individual goods or services; due to the nature of the goods or services being sold and the impossibility of returning them, the costs for returning the goods or services to the seller are not specified in these terms and conditions. The prices of the services are listed including value added tax and all related fees. This provision does not limit the seller's ability to conclude a purchase contract under individually agreed conditions.
3.5. Information about the price and goods or services provided by the seller is binding, with the exception of an obvious error, e.g. when the specified price of goods or services is negotiated is erroneous and incorrect and will be significantly different from the price of comparable services. The seller will immediately inform the buyer about this fact.
3.6. Due to the nature of the service being sold, the web interface of the store does not contain information about the costs associated with packaging and delivery, as such costs do not arise. Information about such costs is given with the goods.
3.7. Before sending the order to the seller, the buyer is allowed to check and change the data that the buyer has entered in the order, at this stage the buyer is given the opportunity to identify and correct errors that occurred when entering data before placing the order.
3.8. The data listed in the order they are deemed correct by the seller. Immediately after receiving the order, the seller will confirm this receipt to the buyer by e-mail, to the buyer's e-mail address specified in the user account or in the order (hereinafter referred to as the "buyer's e-mail address").
3.9. The seller is always entitled to ask the buyer for additional confirmation of the order (for example, in writing or by phone).
3.10. The seller reserves the right not to provide the ordered service in the event of stock depletion or loss of the seller's ability to perform. The seller will notify the buyer of this fact without undue delay. The buyer does not have any legal claims or the right to compensation for damages against the seller in the event of a lack of free dates or in a situation where the services are not available.
3.11. The buyer agrees to use remote means of communication when concluding the purchase contract. The costs incurred by the buyer when using means of communication at a distance in connection with the conclusion of the purchase contract (costs of Internet connection, costs of telephone calls) are paid by the buyer himself, and these costs do not differ from the basic rate.
3.12. By sending the order, the buyer confirms that the seller has provided him with all the mandatory information and communications according to §1811 to §1820 of the Civil Code on his website and in these terms and conditions.


4. Price of services and payment terms


4.1. The price of the goods or services can only be paid by the buyer to the seller by cashless payment card via the payment gateway when ordering goods or services, in the case of ordering a service, always before the provision of the service itself. The price of goods or services can also be paid from Credit.
4.2. Any discounts on the price of goods or services provided by the seller to the buyer cannot be combined with each other.
4.3. If it is customary in business dealings or if it is stipulated by generally binding legal regulations, the seller will issue a tax document - an invoice - to the buyer regarding payments made on the basis of the purchase contract. The seller is the payer of value added tax. Tax document – the seller issues the invoice to the buyer after payment of the price of the goods or goods or services and sends it in electronic form to the buyer's e-mail address. By concluding the purchase contract, the buyer agrees to send the invoice to the buyer's email address.

5. Withdrawal from the purchase contract


5.1. The buyer - consumer acknowledges that according to § 1837 of the Civil Code he cannot withdraw from the contract as a consumer:
a. on the provision of services, if they were fulfilled with his prior express consent before the expiration of the period for withdrawal from the contract and the entrepreneur informed the consumer before concluding the contract that in such a case he does not have the right to withdraw from the contract,
b. on the supply of goods or services, the price of which depends on fluctuations in the financial market, regardless of the entrepreneur's will, and which may occur during the period for withdrawing from the contract,
c. about the delivery of alcoholic beverages, which can only be delivered after thirty days and the price of which depends on fluctuations in the financial market independent of the entrepreneur's will,
d. on the delivery of goods that have been modified according to the wishes of the consumer or for his person,
e. about the delivery of perishable goods, as well as goods that have been irretrievably mixed with other goods after delivery,
f. on repair or maintenance carried out at the place designated by the consumer at his request; however, this does not apply in the event of subsequent repairs other than requested or delivery of spare parts other than requested,
g. about the delivery of goods in closed packaging, which the consumer has removed from the packaging and for hygienic reasons it is not possible to return it;
h. about the delivery of an audio or video recording or a computer program, if it has violated their original packaging,
i. on the delivery of newspapers, periodicals or magazines,
i. on accommodation, transport, catering or use of free time, if the entrepreneur provides these services within the specified period,
k. concluded on the basis of a public auction in accordance with the law regulating public auctions, or
l. on the delivery of digital content, if it was not delivered on a physical medium and was delivered with the prior express consent of the consumer before the expiration of the period for withdrawal from the contract and the entrepreneur informed the consumer before concluding the contract that in such a case he does not have the right to withdraw from the contract.
5.2. The seller informs the buyer that the services offered by him, to which these terms and conditions apply, fall under § 1837 letter j) of the Civil Code and therefore that the buyer is not entitled to withdraw from the purchase contract.
5.3. In the case of the purchase of goods, the period for withdrawing from the contract is 14 days from the day of acceptance of the goods, or from the day of acceptance of the last delivery of goods, if the subject of the contract is several types of goods or the delivery of several parts.
5.4. In order to comply with the withdrawal period, the buyer must send a withdrawal statement within the withdrawal period.
5.5. To withdraw from the purchase contract, the buyer can use the model withdrawal form provided by the seller. Withdrawal from the purchase contract shall be sent by the buyer to the e-mail or delivery address of the seller specified in these terms and conditions. The seller will immediately confirm receipt of the form to the buyer.
5.6. The buyer who withdraws from the contract is obliged to return the goods to the seller within 14 days of withdrawing from the contract to the seller. The buyer bears the costs associated with returning the goods to the seller, even if the goods cannot be returned due to their nature by the usual postal route.
5.7. If the buyer withdraws from the contract, the seller will return to him immediately, but no later than 14 days from the withdrawal from the contract, all funds, including delivery costs, that he received from him, in the same way. The seller will return the money received to the buyer in another way only if the buyer agrees and if it does not incur additional costs.
5.8. If the buyer has chosen a different method of delivery of the goods than the cheapest method offered by the seller, the seller will refund to the buyer the cost of delivery of the goods in the amount corresponding to the cheapest method of delivery of the goods offered.
5.9. If the buyer withdraws from the purchase contract, the seller is not obliged to return the received funds to the buyer before the buyer hands over the goods to him or proves that he has sent the goods to the seller.
5.10. The goods must be returned by the buyer to the seller undamaged, unworn and unpolluted and, if possible, in the original packaging. The seller is entitled to unilaterally offset the claim for compensation for damage caused to the goods against the buyer's claim for a refund of the purchase price.
5.11. The seller is entitled to withdraw from the purchase contract due to the stock being sold out, the unavailability of the goods, or when the manufacturer, importer or supplier of the goods has stopped the production or importation of the goods. The seller immediately informs the buyer via the e-mail address specified in the order and returns within 14 days from the notification of withdrawal from the purchase contract all funds, including delivery costs, which he received from him under the contract, in the same way, or in a way specified by the buyer .

6. Rights from defective performance


6.1. The rights and obligations of the contracting parties regarding rights from defective performance are governed by the relevant generally binding legal regulations (especially the provisions of Sections 1914 to 1925, Sections 2099 to 2117 and, given that the buyer is a consumer and the seller is an entrepreneur, also Sections 2161 to 2174 of the Civil Code), to the extent that it corresponds to the nature of the goods or services that are the subject of sale.
6.2. The seller declares that:
a. the goods or services have the characteristics that the parties have agreed upon, and if there is no agreement, they have the characteristics that the seller has described or that the buyer expected with regard to the nature of the service and on the basis of the advertising carried out by them,
b. the goods or services are suitable for the purpose that the seller states for their use or for which services of this type are usually used,
c. the goods or services match the scope and quality of the description at the time of sale.
d. goods or services meet the requirements of legal regulations.
6.3. Due to the nature of the service (§ 2167 letter d) of the Civil Code), the buyer has no rights from a defect in the sense of § 2165 of the Civil Code.
6.4. If the goods or service has a defect, the buyer can demand the provision of a new good or service without defects, if this is not unreasonable due to the nature of the defect, but if the defect concerns only a part of the service, the buyer can only demand the replacement of the part of the service; if this is not possible, he can withdraw from the contract. However, if this is disproportionate due to the nature of the defect, especially if the defect can be removed without undue delay, the buyer has the right to remove the defect free of charge. In the case of goods, the buyer has the right to repair, the buyer does not have the right to repair the service due to its nature.
6.5. The buyer does not have - with regard to the nature of the service provided - the right according to §2169 paragraph 2 of the Civil Code.
6.6. If the buyer does not withdraw from the contract or if he does not exercise the right to provide a new (replacement) good or service without defects, to exchange a part of the good or service, he can demand a reasonable discount. The buyer has the right to a reasonable discount even if the seller cannot supply him with new (replacement) goods or services without defects, as well as if the seller does not remedy the situation in a reasonable time or if the remedy would cause significant difficulties for the consumer.
6.7. The buyer does not have the right from defective performance if the buyer knew before using the service that the goods or service had a defect, or if the buyer himself caused the defect.
6.8. Rights from defective performance (complaint) are exercised by the buyer at the seller's address or electronically via the e-mail address teetime@teetime.cz. The moment of application of the complaint is considered to be the moment when the seller received a complaint from the buyer regarding the goods or the use of services.
6.9. The buyer is obliged to file a claim with the seller without undue delay after discovering the deficiency.
6.10. In the event of a complaint, the buyer is obliged to prove the purchase of goods or services.
6.11. The seller is obliged to decide on the complaint without delay, within 3 working days at the latest. The seller will handle the complaint, including the removal of the defect, no later than 30 days after its application, unless the parties agree in writing on a longer period. Missing this deadline is considered a material breach of contract.
6.12. In the case of a justified complaint, the buyer is responsible for paying the necessary costs.

7. Cancellation


7.1. The cancellation conditions apply to the cancellation of a playing time reservation made between the buyer as the golf game orderer, the course operator and the seller as the reservation service provider. The cancellation fee is calculated from the total amount of the paid price. The cancellation fee represents the reimbursement of costs incurred by operators and service providers for pre-paid reservations.
7.2. The customer acknowledges that the cancellation fee is a contractual penalty for terminating the contract and the cost of the paid playing fee, which he concluded with his binding reservation.
7.3. In case of premature termination of the game by the buyer without fault of the operator, the operator through the seller is not obliged to refund the buyer the price of the game fee paid, even in part. The buyer acknowledges that the unreturned part of the purchase price for prematurely canceled pre-paid games by the customer represents the operator's right to compensation for damages according to § 2330, paragraph 2 of the Civil Code
7.4. The buyer who purchases the service on the buyer's website TeeTime.cz or in the TeeTime mobile application, pays the price (game fee), can cancel his game under the following conditions:
7.5. Cancel fees
a. In the event of cancellation of a pre-paid reservation by the buyer within 24 hours before the scheduled use of the service, the playground operator undertakes, through the seller, as the service operator, not to demand any cancellation fee from the buyer. The service fee paid will be refunded in full to the buyer.
b. If the pre-paid reservation is canceled by the buyer within a period of less than 23-12 hours from the scheduled use of the service, the playground operator, through the seller as a service provider, is entitled to demand from the buyer a cancellation fee of 30% of the price paid through the seller's payment gateway.
c. If a pre-paid reservation is canceled by the buyer within 11 hours or less before the planned use of the service, the playground operator, through the seller, is entitled to demand from the buyer a cancellation fee of 100% of the price of the reserved services.
d. The maturity of the cancellation fee is governed by the maturity of the canceled reserved services.
e. In the case of exceptional situations, the playground operator can waive the cancellation fee or claim for damages in whole or in part through the seller, the decision on this rests with the playground operator.
f. For serious reasons, the playground operator may agree to change the reserved date without the right to pay a cancellation fee, this is decided by the playground operator.
g. The amount of the cancellation fee is always calculated from the total price of reserved and prepaid services and other services ordered by the customer, including surcharges, fees and value added tax.


8. Other rights and obligations of the contracting parties


8.1. The buyer acquires the right to use the service by paying the full purchase price of such services.
8.2. In relation to the buyer, the seller is not bound by any codes of conduct in the sense of §1826 paragraph 1 letter e) of the Civil Code.
8.3. Out-of-court handling of consumer complaints is provided by the seller via the electronic address teetime@teetime.cz. The seller will send information about handling the buyer's complaint to the buyer's email address.
8.4. In the event that a consumer dispute arises between the seller and the buyer as a consumer, which cannot be resolved by mutual agreement in accordance with point 7.8 of the terms and conditions, the buyer is entitled to submit a proposal for an out-of-court settlement of such a dispute to the relevant entity for the out-of-court settlement of consumer disputes, which is:
the Czech trade inspection
Central Inspectorate - ADR department
Štěpánská 15
120 00 Prague 2

Email: adr@coi.cz
Website: adr.coi.cz

The consumer can also use the online dispute resolution platform established by the European Commission at http://ec.europa.eu/consumers/odr/.
8.5. The seller is authorized to do business on the basis of a trade license. The trade inspection is carried out by the relevant trade office within its jurisdiction. The Office for Personal Data Protection supervises the area of personal data protection. The Czech Trade Inspection, to a defined extent, supervises, among other things, compliance with Act No. 634/1992 Coll., on consumer protection, as amended.


9. Protection of personal data


9.1. Information on personal data protection can be found here https://www.teetime.cz/zasady-ochrany-a-zpracovani-osobnich-udaju


10. Delivery


10.1. It can be delivered to the buyer's email address.
10.2. Delivery costs are borne by the buyer.
10.3. The method of delivery is indicated on the seller's website.

11. Final Provisions


11.1. If the relationship established by the purchase contract contains an international (foreign) element, then the parties agree that the relationship is governed by Czech law. This does not affect consumer rights arising from generally binding legal regulations.
11.2. If any provision of the terms and conditions is invalid or ineffective, or becomes so, the invalid provision will be replaced by a provision whose meaning is as close as possible to the invalid provision. The invalidity or ineffectiveness of one provision does not affect the validity of the other provisions.
11.3. The purchase contract, including the terms and conditions, is archived by the seller in electronic form and is not accessible.
11.4. A sample form for withdrawing from the contract is attached to the terms and conditions.
11.5. Contact details of the seller:
Address for delivery: Štětkova 1638/18, Prague 4 - Nusle, 140 00
Email address: teetime@teetime.cz
Phone: +420 606 677 894


In Prague on 11 June 2015

Annex no. 1
MODEL FORM FOR WITHDRAWAL FROM THE CONTRACT
Withdrawal from the contract
Addressee:

TeeTime SE
with registered office Štětkova 1638/18, zip code: 140 00 Prague 4 – Nusle
e-mail address: teetime@teetime.cz
identification number: 24236381
registered in the commercial register maintained by the Regional Court in Prague, section H, insert 840

I hereby announce that I withdraw from the purchase contract regarding the following goods:
_________________________________________________________________________________.


Order Number    __________________
Date of order    __________________
I request to return the funds to the account number: ___________________ (delete the inappropriate)

Name and surname of the Customer
________________________________________
Customer's address
________________________________________



Date __________________

In the event that a consumer dispute arises between us and the consumer arising from a purchase contract or a contract for the provision of services, which cannot be resolved by mutual agreement, the consumer can submit a proposal for an out-of-court settlement of such dispute to the designated entity for out-of-court resolution of consumer disputes, which is

Czech Trade Inspection Central Inspectorate - ADR Department
Štěpánská 15
120 00
Prague 2

Email: adr@coi.cz
Website: adr.coi.cz

The consumer can also use the online dispute resolution platform established by the European Commission at http://ec.europa.eu/consumers/odr/.

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