TERMS AND CONDITIONS (e-shop)
of Agentura Helas, s.r.o., with its registered office at Klášter minoritů sv. Jakuba, Malá Štupartská 6, Prague 1,
Company ID No. 26744279, entered in the Commercial Register maintained by the Municipal Court in Prague, Section C, File 91002, for the provision of services consisting in providing tickets for events, membership in the club and platform and sales of goods.
1. PRELIMINARY PROVISIONS
- The following Terms and Conditions (hereinafter referred to as the "Terms and Conditions or GTC") of Agentura Helas, s.r.o., with its registered office at Klášter minoritů sv. Jakuba, Malá Štupartská 6, Prague 1 Company ID No. 26744279, entered in the Commercial Register maintained by the Municipal Court in Prague, Section C, File 91002 (hereinafter referred to as the "Provider"), shall regulate, in accordance with Article 1751 (1) of Act No. 89/2012 Coll., the Civil Code, as amended (hereinafter referred to as the "Civil Code"), mutual rights and obligations of the contracting parties arising from and in connection with service contracts regarding the provision of tickets for events and club and platform membership and purchase contracts relating to the sale of goods (hereinafter referred to as "Service Contracts") concluded between the Provider and another individual or legal person (hereinafter referred to as the "Client"; the Provider and the Client are hereinafter collectively referred to as the "Contracting Parties"). The General Terms and Conditions do not apply to Service Contracts concluded via the website (e-shop) at www.eternalbyhelena.cz.
- The Contracting Parties may deviate from these Terms and Conditions on the basis of special provisions provided in the Service Contract. Special provisions in the Service Contract shall take precedence over the general provisions of these Terms and Conditions.
- These Terms and Conditions shall apply as specified on the Provider's website eternalbyhelena.cz (hereinafter referred to as the "website") on the day the Client sends an order.
- The Provider reserves the right to amend the provisions of the Terms and Conditions. This provision shall not affect the rights and obligations of the Contracting Parties arising during the validity period of previous provisions of the Terms and Conditions.
2. CONCLUDING A SERVICE CONTRACT OR PURCHASE CONTRACT.
- The Provider's website contains detailed information about events organised by the Provider, information about tickets for events, club and platform membership, and sales of goods of various kinds such as jewellery, reproductions of the Provider's own mandalas, paintings and prints, perfumes, etc. (hereinafter referred to as "events or Purchase Contracts"). For the purposes of these GTC, the term jewellery shall encompass (i) finished jewellery offered by the Seller in the catalogue and/or (ii) jewellery made by the Seller, possibly in cooperation with other manufacturers, made to order for the buyer according to their wishes (also collectively referred to as "Goods"). All presentations of events, information about tickets for events, membership in the club and platform, and sales of goods located on the Provider's website are purely informative in nature, and the Provider is not obliged to enter into a Service Contract in cases where Section 1732 (2) of the Civil Code does not apply.
- The Client makes a proposal for concluding a Service Contract or a Purchase Contract by sending an order using the order form located on the website (hereinafter referred to as an "order"). An order for a specific event, event tickets, club and platform membership, or sales of goods must contain the Client's identification data and e-mail address, and it must be clear for which event or which tickets, club and platform membership, or sales of goods the order is intended.
- Before sending an order to the Provider, the Client has the opportunity to check, correct or change the data provided in the order; the Provider shall consider the data provided in a delivered order to be correct.
- The Client sends an order to the Provider by clicking on the "send" button on the website. By sending an order, the Client also confirms that they have read these Terms and Conditions, consider them to be comprehensible, and fully agree to them.
- In response to an order delivered to the Provider by the Client, the Provider shall immediately send confirmation of acceptance of the order to the Client, and consent to the conclusion of a Service Contract (hereinafter after referred to as "acceptance of an order"). The Provider shall do so directly through the website. Acceptance of an order shall include the wording of the Service Contract and the Terms and Conditions. A Service Contract shall be concluded upon delivery of the order to the Client. A Purchase Contract shall be concluded upon the signature of a completed order form by both Contracting Parties (the "order") or confirmation of the order by the Provider, where the order must contain at least the quantity, total purchase price and exact specifications of the ordered Goods, i.e., the catalogue number or name, and in the case of ordering jewellery made to order, an acceptance form shall be attached to the order.
- The Seller shall immediately send confirmation of receipt of the order to the Buyer in an e-mail sent to the e-mail address specified by the Buyer in the order. The confirmation e-mail shall have no effect on the conclusion of the Purchase Contract. This confirmation will contain a summary of the order, the Seller's (Provider's) bank account number, a variable symbol (payment identifier) for payment of the relevant order and the final total price for the ordered Goods.
- The catalogue contains information about the Goods, including the prices of individual Goods. The prices of the Goods include value-added tax and all related fees. The Seller is entitled to change the prices of the Goods unilaterally, provided that such a change in price does not affect already concluded Purchase Contracts.
- The Seller is entitled to charge the Buyer, in addition to the price of the Goods, the costs of their delivery to the Buyer, and the Seller shall inform the Buyer of the expected amount of these costs before concluding the Purchase Contract.
- The Service Contract or Purchase Contract shall enter into force and effect upon its conclusion.
- The Provider reserves the right not to accept orders for an event made less than 30 days before the date of the event in question. In such a case, the Provider shall disregard the delivered order.
- The Client agrees to the use of remote means of communication when concluding the Service Contract. The costs incurred by the Client when using remote means of communication in connection with the conclusion of the Service Contract (e.g. costs of an internet connection or phone call) shall be borne by the Client; these costs shall not differ from the standard rate.
- If the Client is interested in concluding a Service Contract, purchasing tickets for events, obtaining membership in the club and platform, and possibly purchasing goods by other means than placing an order using the order form located on the Provider's website, the Client may contact the Provider via the contact information stated on the website. In such a case, the Service Contract shall be concluded on the basis of a proposal for the conclusion of a contract sent by the Provider to the e-mail address provided by the Client. The Service Contract shall then be concluded when the Client delivers their consent to the proposal for the conclusion of the contract to the Provider. The provisions of Section 1740 (3) of the Civil Code shall not apply in such a case. In such a case, both Contracting Parties must agree upon the content of the contract by e-mail. The Client's or the Provider's acceptance of an offer must be unambiguous.
- The Client expressly agrees that the Provider may start providing services under the Service Contract or contract for the provision of tickets for events, membership in the club and platform, or for the sale of goods immediately after its conclusion, even before the lapse of the statutory period for withdrawal from contracts for the provision of services in cases where the Client is a consumer.
- The Service Contract or contracts for the provision of tickets for events, membership in the club and platform, or for the sale of goods shall be concluded exclusively in the Czech language. These Terms and Conditions form an integral part of the Service Contract.
- The Buyer shall pay the purchase price by no later than the time of receiving the Goods, and shall do so either in cash or by transfer to the Seller's bank account, which the Seller shall disclose together with confirmation of the order by e-mail or other suitable means, or by presenting a valid voucher for the Goods issued by the Seller.
- The Seller may require the Buyer to pay an advance payment, especially (but not only) in cases where the Goods are made to order. The information on the amount of the advance payment and its due date shall be stated in the order, or the Seller shall send it to the Buyer together with confirmation of the order. The Contracting Parties agree that if they have agreed upon an advance payment, the Seller shall not be obliged to offset the production or modification of the ordered Goods before the advance payment is made, and that if the advance payment is made late, the accrued delay period may set back the deadline for production, modification and delivery of the Goods. The Contracting Parties further agree that if the Buyer does not pay the advance payment in the specified amount and on time, the Seller shall be entitled to withdraw from the Purchase Contract at any time by sending notice of withdrawal to the Buyer's e-mail address stated in the order, or alternatively to the Buyer's correspondence address specified in the order.
- The Goods shall be handed over or shipped to the Buyer after the total purchase price has been credited to the Seller's bank account or after the payment in cash has been received.
- The Buyer shall pick up the Goods either in person from the Seller or the Seller's sales representative specified in the order, or they shall be delivered to the address specified by the Buyer in the order. If the Seller is obliged to deliver the Goods to the place specified by the Buyer in the order, the Buyer shall be obliged to take over the Goods upon delivery.
- If, for reasons on the part of the Buyer, the Goods have to be delivered repeatedly or in a different way than stated in the order, the Buyer shall be obliged to pay the costs associated with the repeated delivery of the Goods, or the costs associated with an alternative method of delivery.
- In the event that the Goods are transported by a carrier, the Buyer shall be obliged to inspect the integrity of the packaging upon receipt of the Goods and, in the case of any defects, to immediately notify the carrier, with whom the Buyer shall then draw up the relevant report. The Buyer shall also be obliged to immediately notify the Seller of an incomplete or damaged shipment. In the event of a breach of the packaging indicating unauthorised entry into the consignment, the Buyer shall not be obliged to accept the consignment from the carrier.
- The Buyer is obliged to inspect the Goods immediately upon receipt and to read the instructions for their care and use, if any such instructions are provided. If the Buyer does not report a defect in time, they forfeit the right to withdraw from the Purchase Contract.
- If the Buyer is a consumer, the ownership rights to the Goods and risk of damage to the Goods shall pass to the Buyer at the time of receipt of the Goods from the carrier.
- If the Buyer is not a consumer, the Seller shall deliver the Goods to the Buyer by handing them over to the selected carrier for transport to the Buyer, and shall allow the Buyer to exercise their rights from the contract of carriage against the selected carrier. The risk of damage to the Goods shall pass to the Buyer who is not a consumer, at the moment the Goods are handed over to the selected carrier for transport to the destination specified in the order.
3. SPECIAL PROVISIONS FOR THE PURCHASE OF GOODS BY A CONSUMER
- If a Purchase Contract is concluded by remote means of communication, in accordance with the provisions of Section 1829 (1) of the Civil Code, the Buyer who is a consumer shall have the right to withdraw from the contract without giving reasons within 14 days of receipt of the Goods, and if the subject matter of the Purchase Contract is several types of Goods or the delivery of several parts, this period shall begin to run from the date of receipt of the last delivery of Goods.
- In the event of withdrawal from the Purchase Contract pursuant to this Article, the Purchase Contract shall be terminated from its beginning. The Consumer shall be obliged to return the intact Goods in their original condition to the Seller. The Buyer shall bear the costs associated with returning the Goods to the Seller.
- In the event that the Buyer withdraws from the Purchase Contract pursuant to the previous paragraph, the Seller shall return the funds received from the Buyer within 14 days of the Buyer's withdrawal from the Purchase Contract in the same manner as they were received from the Buyer, unless otherwise agreed. The Seller shall not be obliged to return the received funds to the Buyer before the Buyer returns the Goods or proves that they have sent the Goods to the Seller.
- In order for the Goods to be taken back by the Seller in the case of withdrawal from the Contract, they must not be damaged in any way or show any signs of use or wear and tear.
- The Buyer-Consumer acknowledges that it is not possible in the sense of the provisions of Section 1837 (d) of the Civil Code, among other things, to withdraw from a Purchase Contract for the supply of Goods that have been modified according to the wishes of the Consumer or for their person, i.e., particularly in the case of Goods made to order.
4. SUBJECT MATTER OF SERVICE CONTRACTS
- Based on the Contract(s) specified above, the Provider undertakes to allow the Client to participate in the event specified in an order, to provide tickets for events, to provide membership in the club and platform, and to sell requested Goods, and the Client undertakes, based on the specific contract, to pay the Provider a fee in the amount specified in the Service Contract and under the conditions specified in Article 4 of these Terms and Conditions.
- The Provider can also arrange events through third parties.
- The Provider reserves the right to change the programme, date, time or place of an event, even after concluding a contract with the Client. The Provider shall be obliged to inform the Client about such changes to an event sufficiently in advance.
5. PROVIDER'S FEES AND PAYMENT TERMS
- The Client undertakes to pay the Provider a fee for enabling participation in the event, for providing tickets to the event, for membership in the club and platform, and the purchase price in case of the sale of Goods, in the amount specified in the specific contract. The Provider's fee does not include the cost of accommodation at the venue and the cost of transport to the venue. However, the Provider's fee may include some other services provided by the Provider if they are directly related to the event and its proceedings (refreshments, etc.). Any such additional contractual performances shall always be defined in detail in the specific contract.
- The Client shall pay the fee to the Provider online by payment card via a secure payment gateway, to which the Client will be automatically redirected after sending the order. All data on payments made shall be transmitted by secure means, and the Provider shall not have access to them or store them anywhere. Alternatively, the fee can be paid on the basis of a tax document (invoice) with a maturity period of 14 days. However, the Provider's fee must always be paid no later than 16 days before the planned start of the event.
- The Provider is a payer of value-added tax (hereinafter referred to as "VAT"). VAT will be added to the Provider's fee in cases stipulated by generally binding legislation and in accordance with such legislation.
- The Provider will issue a tax document to the Client for all payments to be made on the basis of the Service Contract. This tax document will be delivered to the Client in electronic form to the e-mail address provided in the order.
- Discounts provided to the Client by the Provider cannot be combined or added up. The Provider can only deduct discounts from the fee before concluding a Service Contract. Discounts will not be possible after this time.
- If the Client is delayed in paying monetary receivables, the Provider is entitled to interest on arrears at the rate of 0.05% of the amount due for each day of delay.
6. CANCELLATION POLICY
- The Client can withdraw from an event by sending a withdrawal request to the Provider's e-mail address: email@example.com.In the event that the Client withdraws from an event in this way less than sixteen (16) days before its scheduled start, the Client shall not be entitled to a refund. This shall not affect the provisions of the Terms and Conditions governing consumer relations set out in Article
- Withdrawal from an event by the Client after the expiry of the period specified in Article 5.1 of these Terms and Conditions shall have no effect on its cancellation (the Provider shall be entitled to the fee in full under the Service Contract). The Client also has the option of sending a replacement to an event on their behalf – the details of such a person must be disclosed to the Provider no later than the 8th day before the planned start of the event.
- Withdrawal from an event by the Client less than sixteen (16) days before the planned start of the event shall have no effect and the Provider shall be entitled to the fee in full under the contract). The Provider will still require the material and human resources necessary to stage the event. The amount paid shall be considered a contractual penalty.
- If the Client does not attend an event, they will not receive any monetary or non-monetary compensation from the Provider.
- In the case of concluding a contract for membership in one of the Provider's programmes, the Provider draws attention to the fact that this contract cannot be terminated during its validity period and the Client shall not be entitled to a refund of the membership fee or a proportional amount thereof. Membership is always concluded for a definite period, specifically one calendar year. It is the exclusive choice of the Client whether or not to actively use the membership during this period. The billing period in the case of a contract for membership in one of the Provider's programmes is one calendar year. The Provider informs the Client that contracts for membership in one of the Provider's programmes are not the type of contract whose validity would be automatically extended for another period. Automatic extension of the validity and effectiveness of such a contract is therefore never agreed upon.
7. CANCELLATION OR CHANGE OF AN EVENT DATE
- Under the conditions specified in Article 6.1 of these Terms and Conditions, the Provider shall return the paid fee to the Client to the bank account from which the payment was made within fifteen (15) days from the date of cancellation.
- The Provider shall send confirmation of the transfer to the requested date of a future event to the Client's e-mail address specified in the order. The Provider's fee paid by the Client shall be automatically transferred.
- A prerequisite for satisfying the Client's request according to Article 6.3 of these Terms and Conditions is the availability of capacity on the requested event date.
8. OTHER RIGHTS AND OBLIGATIONS OF THE CONTRACTING PARTIES
- The Provider shall be entitled to use the business name of the Client, if it is not an individual, for marketing purposes as a reference in all types of promotional materials (regardless of the form of these promotional materials or the form in which they are communicated).
- The Client assumes the risk of a change of circumstances in the sense of Section 1765 (2) of the Civil Code.
- The Contracting Parties waive their right to object to the validity of the Service Contract due to its uncertainty or ambiguity.
9. PERSONAL DATA PROTECTION AND SENDING OF COMMERCIAL MESSAGES
- Protection of personal data of Clients who are individuals, or other individuals as data subjects is provided by the relevant legislation1. When processing personal data, the Provider will proceed in accordance with the rules set out in generally binding legislation, including directly applicable European Union regulations of 25 May 2018 by EU Regulation No. 2016/679 on the Protection of Personal Data.
- Clients who are individuals hereby acknowledge that the Provider for the purpose of concluding or fulfilling the Service Contract, or in order to fulfil its legal obligations, shall process their personal data to the extent of: name, surname, address, phone number, e-mail address, identification number and information on previous orders (hereinafter collectively referred to as "personal data"). For the same purpose, the Provider shall process personal data, possibly to a lesser extent, of other individuals such as representatives of Clients that are legal entities, or specific participants in events for whom a service is mediated.
- Clients who are individuals further acknowledge that the Provider shall also process their personal data for the purpose of sending information and commercial messages. If a Client does not agree to such personal data processing, they have the right to object to it; in such a case, the Provider shall immediately cease sending information and commercial messages.
- The Client acknowledges that they are obliged to provide personal data correctly and truthfully, and that they are obliged to inform the Provider without undue delay of any change in their personal data.
- The Provider may authorise a third party to process the Client 's personal data as a processor. Personal data may be passed on to third parties by the Provider.
- Personal data will be processed for the time necessary for the purposes of processing, but for no more than a period of three (3) years after the termination of the last Service Contract with the Client, i.e., after the legal period for archiving the individual data. Personal data will be processed in electronic form in an automated manner or in printed form in a non-automated manner.
- The Client confirms that the personal data provided is accurate and that they have been informed that this provision of personal data is voluntary.
- If the Client believes that the Provider or processor in accordance with Article 8.5 of these Terms and Conditions performs processing of their personal data in conflict with its protection, they may:
- ask the Provider or processor for an explanation,
- ask the Provider or processor to remedy the situation thus created – in particular, to correct, delete or restrict its processing.
- If the Client requests information about the processing of their personal data, the Provider is obliged to provide this information to the Client. The Provider has the right to demand a reasonable fee for the provision of information according to the previous sentence, not exceeding the costs necessary for the provision of information, in the event that the request is manifestly unfounded or disproportionate.
- Where this article refers to the Client , this also means any other data subject, unless the content or nature of the individual article precludes it.
10. WITHDRAWAL FROM THE SERVICE CONTRACT
- The Provider shall be entitled to withdraw from the Service Contract in the event of a substantial breach of the Service Contract by the Client. Failure to pay the Provider's fee in accordance with these Terms and Conditions is considered a substantial breach of the Service Contract.
- The Client shall be entitled to withdraw from the Service Contract in the event of a substantial breach. A substantial breach of the Service Contract is considered to be the failure to provide the event on the date stipulated in the Service Contract. The right of the Provider set out in Article 6.1 of these Terms and Conditions is not affected by this provision. The Provider draws the Client's attention to the content of Article 5.5.
11. SPECIAL PROVISIONS FOR A CONTRACT CONCLUDED WITH THE CONSUMER
- The provisions of Articles 2 to 10.11 of these Terms and Conditions only apply if the Client is a consumer within the meaning of Section 419 of the Civil Code.
- In the case of defects in the performance for which the Provider is liable, the Client shall exercise their rights against the Provider in writing by sending an e-mail to the Provider's address firstname.lastname@example.org.
- The Provider shall ensure out-of-court settlement of Consumer complaints via the e-mail address email@example.com. firstname.lastname@example.org. The Provider shall send information on the settlement of the Client's complaint to the Client's e-mail address specified in the order.
- The competent court for judicial settlement of consumer disputes arising from the Service Contract shall be the Czech court with substantive and territorial jurisdiction over the location of the Provider's registered office.
- Clients who are consumers acknowledge that they cannot withdraw from a Service Contract whose performance is completed with their express prior consent before the expiry of the withdrawal period.
- Except in cases specified in Article 10.7 of these Terms and Conditions or other cases where it is not possible to withdraw from the Contract, Clients who are consumers shall be entitled to withdraw from a Contract for the purchase of Goods in accordance with the provisions of Section 1829 (1) of the Civil Code within fourteen (14) days of its conclusion.
- If the Client withdraws from a Contract for the sale of goods pursuant to Article 8 of these Terms and Conditions, the Contract shall be terminated from its beginning, and the Provider shall return the purchase price received from the Client within fourteen (14) days of the Client's withdrawal in the same way as it was received from the Client. The content of Article 5.5. is not affected in any way by this provision. If the Client terminates a Contract for any kind of membership in any of the Provider's programmes, the fee is non-refundable.
- If the Client withdraws from the Service Contract according to Article 10.8 of these Terms and Conditions, they shall be obliged to pay the Provider a proportionate remuneration for the services provided by the Provider until withdrawal from the Service Contract. The content of Article 5.5. is not affected in any way by this provision. If the Client terminates a contract for any kind of membership in any of the Provider's programmes, the fee is non-refundable.
- The Provider is not bound by any codes of conduct in relation to the Client in the sense of Section 1826 (1)(e) of the Civil Code.
12. FINAL PROVISIONS
- The Service Contract or the Purchase Contract may only be amended or terminated by an agreement between the Contracting Parties under the conditions specified in these Terms and Conditions or under the conditions stipulated by law.
- If the relationship established under the Service Contract or the Purchase Contract contains an international (foreign) element, then the Contracting Parties agree that the contractual relationship shall be governed by Czech law. The legal relationship established under the Service Contract is governed in particular by the Civil Code, with the proviso that, for the purposes of relations between the Provider and the Client, it:
- excludes the use of maintained business practices within the meaning of Article 558 (2) of the Civil Code where the Client is a business person,
- excludes the provisions of Section 1748 and Section 1763 of the Civil Code,
- excludes the application of the provisions of Section 1799 and Section 1800 of the Civil Code in such case they are the Client
- If any provision of the Service Contract, Purchase Contract or Terms and Conditions subsequently proves or is determined to be invalid, ineffective, null or unenforceable, such invalidity, ineffectiveness, nullity or unenforceability shall not render the Service Contract or Terms and Conditions void as a whole. In such a case, the Contracting Parties undertake to clarify such defective provision without undue delay in accordance with Article 553 (2) of the Civil Code or to replace it by mutual agreement with a new provision that most closely corresponds to the intention of the Contracting Parties at the time of conclusion of the contract.
- Annex No. 1 to the Terms and Conditions consists of a form for withdrawal from a Service Contract by a Consumer.
- The Service Contract, including the Terms and Conditions, shall be archived by the Provider in electronic form and is not made publicly accessible.
- Contact information of the Provider: e-mail address email@example.com, telephone 220 570 708.
- In matters not expressly regulated by these GTC, the mutual rights and obligations of the Contracting Parties shall be governed by the law of the Czech Republic. The Contracting Parties agree that the following provisions of Act No. 89/2012 Coll., the Civil Code, shall not apply to the regulation of legal relations established by the Contract: Sections 1764-1766, Sections 1793-1795, Section 1971, Sections 1977-1979, Section 2000, Section 2002, Section 2050 and Section 2593.
- The current version of the GTC is always available on the Provider's website.
- Any possible invalidity or ineffectiveness of any provision of these GTC shall not affect the validity and effectiveness of the other provisions.
- All disputes arising from and in connection with this contract shall be resolved by general courts of the Czech Republic. In such a case, the court with local jurisdiction shall be determined by the current registered office of the Client. The court with territorial jurisdiction at the time of signing this contract is the District Court for Prague 1.
These GTC are valid and effective from 13/9/2021.
Agentura Helas, s.r.o.
Annex No. 1 – Form for Withdrawal from a Service Contract by a Consumer
Form for Withdrawal from a Service Contract by a Consumer
(If you are a Consumer within the meaning of Section 419 of the Civil Code and you want to withdraw from the Service Contract, use this Form. The Form must be printed, signed by hand and sent scanned to the Provider's e-mail address or delivered by post to the Provider's registered office specified below).
Addressee – the Provider
Agentura Helas, s.r.o.
With its registered office at: Klášter minoritů sv. Jakuba, Malá Štupartská 6, Prague 1, Company ID No. 26744279
E-mail address: firstname.lastname@example.org Telephone: 220 570 708
Sender – the Client
Name and surname / Company name: (fill in)
Place of residence / registered office: (fill in)
Company ID Number (if assigned): (fill in)
E-mail: (fill in)
Telephone: (fill in)
Number of the Service Contract or Purchase Contract (fill in)
Date of purchase of the event, specification of the number of tickets and the specific event or the specific quantity of goods purchased: (fill in)
Bank account number to which monetary funds may be refunded: (fill in)
I inform the Provider that I hereby withdraw from the Purchase Contract.
In (fill in place) on (fill in date)
(Signature of the Client / person authorised to represent the Client)