Of Mánesova Bar and Books s.r.o. for the sale of gift vouchers and the consent to the provision of personal data.
Mánesova Bar and Books s.r.o with its registered office at: Haštalská 1/795, Prague 1, registration No.: 27620964, VAT No.: CZ27620964, incorporated in the Commercial Register administered by the Municipal Court in Prague, file No. C 119468 is the operator of the Bar and Books, Mánesova and Týnska, Prague 1 and Prague 2 website www.barandbooks.cz through which the Buyer purchases the Gift Voucher.
Article I - Definition of Basic Terms
Unless otherwise stated in the Offer or in the Gift Voucher, the following capitalized terms and abbreviations shall have the meaning assigned to them in the definitions below:
- Bar shall mean the place where the Performance on the basis of the Gift Voucher occurs. It is the Bar and Books, Mánesova and Týnska, Prague 1 and 2.
- Website shall mean the websites barandbooks.cz
- Buyer Buyer shall mean a natural person or a legal entity who orders and purchases the Gift Voucher on the Website or in the Bar;
- Seller shall mean Mánesova Bar and Books s.r.o, Prague 1 and 2, registration No.: 27620964, VAT No.: CZ27620964
- Gift voucher shall mean a confirmation of the Buyer’s time-limited right, in relation to the Seller, to be provided the Performance by the Seller, it being understood that purchase of the Gift Voucher may be proven to the Seller.
- Performance mean goods or services provided by the Seller to the Buyer and specified in the Offer and in the Gift Voucher;
- Order form shall mean a form on the Website through which the Buyer makes an order and purchases the Gift Voucher;
- E-mail address Address shall mean the Buyer’s email address specified by the Buyer during the process of purchasing the Gift Voucher;
- GTC shall mean these General Terms and Conditions.
Article II - Order and Purchase of Gift Voucher
- The Seller publishes on the Website, at certain time intervals (daily or other), the Offer of Gift Vouchers which the Buyer can order and purchase.
- The Offer of Gift Vouchers shall be active upon its publication on the Website. Every Buyer may order any number of Gift Vouchers unless otherwise stated in the Offer. When the Performance is provided by the Seller, more than one Gift Voucher may be used for the provision of the current Performance (for example, when visiting the Bar, more than one Gift Voucher may be redeemed to pay one bill). The Gift Voucher may be used at one go and in the full amount unless the Seller specifies otherwise. The Seller is not obliged to compensate the Buyer for the unused value of the Gift Voucher in any manner.
- The order and subsequent purchase of the Gift Voucher is made only in the Bar or through the Website, using steps, methods and procedures specified on the Website. When using the following payment methods: Payment by a payment card or a credit card, the Buyer shall receive the Gift Voucher at their Email Address immediately after the bank confirms that the payment has been successfully made. The Buyer orders the purchase of the Gift Voucher (hereinafter referred to as "Order") once the Order Form is filled in by the Buyer, and:
- a) The Order for the purchase of the Gift Voucher shall become binding once the price for the Gift Voucher is paid by the Buyer using the procedure specified on the Website. The Buyer shall not have the right to be issued the Gift Voucher until the price for the Gift Voucher is paid.
- b) The Buyer agrees with the stipulated GTC valid at the time of the Order as well as with the terms and conditions of the Offer.
- The purchase of the Gift Voucher is made once the price for the Gift Voucher is credited to the Seller’s account.
- The tax document in relation to the purchase of the Gift Voucher shall be issued by the Seller. In the event that the Buyer acts as a taxable person when purchasing the Gift Voucher, i.e. the Buyer procures the Gift Voucher for business purposes, the Buyer may use the document issued by the Seller for these purposes.
- The Seller is not responsible for damage incurred by the Buyer due to the Email Address being incorrectly specified by the Buyer.
- Obligations arising from the purchase of the Gift Voucher shall be deemed to have be fulfilled once the Seller provides the Performance to the Buyer using the Gift Voucher or if the Buyer fails to redeem the Gift Voucher during the period of its validity.
Article III - Rights and Obligations
- The Seller shall send the Gift Voucher electronically to the Buyer’s Email Address specified in  the Order Form no later than 48 hours after the price for the Gift Voucher is credited to the Seller’s bank account. Thereby, the Gift Voucher shall be regarded as delivered to the Buyer.
- The Gift Voucher (in printed or electronic form) is an eligible proof of the rights arising from the Gift Voucher.
- The Seller maintains a list of Gift Vouchers for the purpose of carrying out a possible check of the Gift Voucher presented to the Seller by the Buyer, and the Buyer agrees with this.
- The Buyer is entitled to use the Gift Voucher only under the conditions that are published in a specific Offer, on the Gift Voucher and/or in the instructions delivered to the Buyer together with the Gift Voucher. The period of validity of the Gift Voucher is always indicated directly in the Gift Voucher.
- If the Offer or the Gift Voucher stipulate the need to book the time for the provision of the Performance between the Seller and the Buyer (for example, the date and hour of the Bar reservation), the Buyer will agree on the time of the use of the Gift Voucher in the manner specified in the Offer or in the Gift Voucher (through the Order Form, by phone, etc.).
- After the period of validity of the Gift Voucher expires, the Buyer shall no longer be entitled to be granted the right arising from the Gift Voucher and shall not be entitled to be returned the price paid for the Gift Voucher.
- The Buyer agrees that the Seller may send email messages as a direct marketing tool to the Buyer’s Email Address. The Buyer is entitled to withdraw the consent pursuant to the previous sentence at any time.
Article IV - Seller’s Responsibility
- As the supplier of the Gift Voucher as well as the supplier of the Performance, the Seller is responsible:
- a) for the quality and extent of the Performance;
- b) for delivery of the Performance;
- c) for the fulfilment of the Buyer’s rights from the Gift Voucher;
- d) for the truthfulness and completeness of the Offer;
- e) for the fulfilment of all rights of the Buyer arising for the Buyer from applicable legal regulations in connection with the purchase of the Gift Voucher as well as in connection with the provision of the Performance.
Article V - Terms of Complaint
- If the Buyer does not receive the Gift Voucher within the time limit pursuant to these GTC or if the Gift Voucher contains conditions other than those specified in the Offer and/or if the Gift Voucher has other defects, the Buyer may claim the defects. The Buyer is obliged to claim defects in writing by sending an email message to the email address. The complaint must be lodged within 48 hours after delivery of the Gift Voucher or, in case the Gift Voucher is not delivered, 3 working days after the expiration of the deadline for delivery of the Gift Voucher. If the Buyer fails to claim the defects within the time limits and in the manner specified in the previous sentence, their rights to claim the defects shall expire.
- The Seller is obliged to remove defects under clause 1. within 3 working days after delivery of the complaint. If the defect is not removed within the given time limit, the Buyer shall be entitled to withdraw from the purchase.
Article VI - Termination of Order, Purchase of Gift Voucher
- In the event that the Buyer fails to pay the price for the Gift Voucher within the time limit pursuant to these GTC, the Order shall be terminated and the right to purchase the Gift Voucher shall cease to exist without further action.
- The intermediary is entitled to wihdraw the Offer from the Website if it finds out that the information or data contained in the Offer are incorrect or incomplete and/or if the Offer has another defect for which it cannot be offered. If in the meantime the purchase of the Gift Voucher has been made in relation to such Offer, such purchase shall be cancelled and the Buyer acknowledges and agrees that, in such case, the price for the Gift Voucher paid by the Buyer shall be returned to the Buyer by the Seller, it being understood that the Buyer is obliged to accept such performance from the Seller. The Buyer is entitled to claim the refund of the price for the Gift Voucher always only from the Seller. The price for the Gift Voucher shall be returned to the Buyer within 14 days from the withdrawal of the Offer from the Website pursuant to this clause to the Buyer’s account from which the Buyer made the payment in question.
Article VII - Personal Data Protection and Consent to Processing of Personal Data
- The Seller hereby states that it processes personal data in the extent of personal data for the purpose of purchasing the Gift Voucher – first name, surname, email address, phone number (hereinafter referred to as "Personal Data"), for the purpose of creating a database of Buyers who have purchased Gift Vouchers, for the purpose of maintaining and administering client accounts, for the purpose of exercising its rights and fulfilling its obligations related to the ordering and purchase of Gift Vouchers and fulfilling obligations arising therefrom.
- The Buyer confirms that their personal data correspond to the reality, are complete, true and accurate.
- The Buyer grants the consent to the processing of these personal data voluntarily until the Buyer withdraws this consent. The consent may be withdrawn in writing or by email.
- The Buyer agrees that the Seller may send information and news relating to the Seller’s services to the Buyer’s address.
Article VIII - Common and Final Provisions
- The Seller publishes the GTC on the Website.
- The contractual relations between the Seller and the Buyer not regulated by the GTC in more detail shall be governed by the legal order of the Czech Republic.
- The Czech Trade Inspection Authority, with its registered office at Štěpánská 567/15, 120 00 Prague 2, registration No.: 000 20 869, is competent for the out-of-court settlement of consumer disputes arising from purchase contracts, web address: http://www.coi.cz.