General Terms and Conditions
1. GENERAL PROVISIONS
These terms and conditions define the rules of use of the portal chillisalon.czoperated by the company Thamo alte, s.r.o. with registered office at Hartigova 155/4, Žižkov (Prague 3), 130 00 Prague, ID No. 07070501, registered in the Commercial Register at the Municipal Court in Prague, Section C, Insert 294125 (hereinafter referred to as the "Provider").
By accepting these terms of use, the user agrees to all their provisions. Rules on the portal chillisalon.cz shall be governed by the applicable laws of the Czech Republic in addition to these terms and conditions. The Terms of Use are effective and valid from the date of their publication by the Operator. The Operator is not responsible for the truthfulness, completeness and timeliness of the information and data contained in the profiles of individual persons. The Operator shall not be liable for damages caused to the User or third parties in connection with the use of the services of the Portal.
2. CONTACTS FOR THE OPERATOR
- Correspondence address: 396/1 Thámova Street, Prague 8, 186 00
- Registered office and billing address: Hartigova 155/4, Žižkov (Prague 3), 130 00
- E-mail: info@chillisalon.cz
- Phone: +420 722 068 519
- Answers to frequently asked questions can be found at Questions and Answersi.
3. DEFINITION OF TERMS
Provider
It operates the portal using its own resources or third-party services. Is the exclusive copyright holder of all content on the portal chillisalon.cz or hold valid third-party licenses. The operator is Thamo alte, s.r.o., with registered office at Hartigova 155/4, Žižkov (Prague 3), 130 00 Prague, registration number 07070501.
Minor
A person who has not attained the age of majority under the applicable law of the country. In the Czech Republic, a person under the age of 18 is considered a minor.
Advertiser
A person who has on the portal chillisalon.cz your profile. Usually it is a masseuse or masseur who presents themselves and their services, including personal and professional information, service offerings and photos.
4. TERMS OF USE AND BROWSING THE CHILLISALON.CZ PORTAL
All content on the portal is intended for persons over 18 years of age only. If you are located in a country with a different age of majority, you must comply with the legal requirements applicable in that country. The Operator does not recommend that persons who are offended or offended by erotic content enter or browse the Portal. The User may not modify, copy, reproduce, display, distribute or otherwise use the content of the Portal without permission. User shall not use the Portal's services in a manner that could damage or overburden the servers operated by the Administrator or its partners, or interfere with the use of such services by others.
5. TERMS AND CONDITIONS OF PUBLICATION OF THE PRESENTATION ON THE PORTAL CHILLISALON.CZ
The presentation is intended for private persons providing erotic massages. The condition of cooperation with the provider is renting rooms at Thámova 396/1, Prague 8, 186 00. The advertiser's presentation remains valid only for the period of renting the premises or until it is deleted by the provider. The presentation must not infringe the copyright of the provider or third parties and must not harm other entities.
6. AMENDMENTS TO THIS AGREEMENT
The Operator reserves the right to change these terms and conditions at any time. Changes shall come into force immediately after their publication. The User is obliged to regularly familiarize himself with these changes. By continuing to use the services of the portal, the user agrees to the changes to the terms and conditions.
Terms and conditions for the sale of gift vouchers
The company Thamo alte, s.r.o. with registered office at Hartigova 155/4, Žižkov (Prague 3), 130 00 Prague, ID No. 07070501, registered in the Commercial Register at the Municipal Court in Prague, Section C, Insert 294125 (hereinafter referred to as the "Seller"), for the sale of vouchers through the online shop
- INTRODUCTORY PROVISIONS
- These Terms and Conditions (hereinafter referred to as "Terms and Conditions") of Thamo alte, s.r.o., with registered office at Hartigova 155/4, Žižkov (Prague 3), 130 00 Prague, ID No. 07070501, registered in the Commercial Register at the Municipal Court in Prague, Section C, Insert 294125 (hereinafter referred to as "Seller") regulate in accordance with the provisions of Section 1751 (1) of Act No. 89/2012 Coll, Civil Code, as amended (hereinafter referred to as the "Civil Code"), the mutual rights and obligations of the parties arising in connection with or on the basis of a purchase contract (hereinafter referred to as the "Purchase Contract") concluded between the Seller and another natural person (hereinafter referred to as the "Buyer") through the Seller's online store. The online shop is operated by the Seller on the website located at https://www.chillisalon.cz (hereinafter referred to as the "Website"), through the interface of the Website (hereinafter referred to as the "Shop Web Interface").
- The Terms and Conditions do not apply to cases where the person who intends to purchase services from the Seller is a legal person or a person who acts in the course of ordering services in the course of his business or in the course of his independent exercise of his profession.
- Provisions deviating from the terms and conditions may be agreed in the purchase contract. Deviating provisions in the purchase contract take precedence over the provisions of the terms and conditions.
- The provisions of the terms and conditions are an integral part of the purchase contract.
- 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 period of validity of the previous version of the Terms and Conditions.
- VOUCHER
- A voucher is a document issued by the Seller in electronic form, bearing a unique code, which serves its holder for full or partial payment of the Seller's services in the amount of its nominal value, whereby the provision of services of his choice is negotiated by the holder of the voucher with the Seller on the basis of a performance contract. Thus, the purchase of a voucher does not purchase a specific service, but only the financial value that can be redeemed for services during the period of validity of the voucher.
- The voucher may be used by any person who has it lawfully in his possession and presents it to the Seller for the purpose of payment for services provided by the Seller, which person may be different from the Buyer.
- The voucher is valid for 2 months. The voucher cannot be redeemed after the expiry of this validity period.
- The voucher can be used for any services offered by the seller. An informative offer of services can be found on the Seller's website. The services must be booked in advance, electronically on the Seller's website, while at the same time indicating that the services will be paid for by means of a voucher and providing the voucher number.
- The voucher can only be used once.
- The voucher cannot be exchanged for money.
- Upon delivery of the voucher to the buyer's e-mail address, the buyer becomes liable for its loss, theft or damage.
- CONCLUSION OF THE PURCHASE CONTRACT
- The store's web interface contains information about vouchers, including the prices of each type of voucher. Voucher prices are inclusive of value added tax and all related fees. Voucher prices remain valid for as long as they are displayed in the web interface of the shop. This provision does not limit the seller's ability to conclude a purchase contract on individually agreed terms.
- To order a voucher, the buyer clicks on the specific link provided with the voucher. Within the link, the buyer will be shown a detailed description of the voucher, particularly in terms of its face value and its price. In order to purchase the relevant voucher, the purchaser "inserts" the voucher into the electronic shopping cart of the web interface of the shop (hereinafter referred to as "order").
- 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, including with regard to the Buyer's ability to detect and correct errors arising when entering data into the order. The Buyer shall send the order to the Seller by clicking on the "CONFIRM" button. The data provided in the order are considered correct by the Seller. Immediately after receiving the order, the Seller shall confirm its receipt to the Buyer by e-mail to the Buyer's e-mail address specified in the order (hereinafter referred to as the "Buyer's e-mail address") and shall also deliver the purchased voucher in PDF format to the Buyer in this form.
- The contractual relationship between the Seller and the Buyer is established by the delivery of the acceptance of the order (acceptance), which is sent by the Seller to the Buyer by electronic mail to the Buyer's electronic mail address.
- The buyer agrees to the use of remote communication means in concluding the purchase contract. The costs incurred by the Buyer in using distance communication in connection with the conclusion of the Purchase Contract (internet connection costs, telephone call costs) shall be borne by the Buyer, without any difference from the basic rate.
- VOUCHER PRICE AND PAYMENT TERMS
- The buyer can pay the voucher price to the seller in the following ways:
- cashless by credit card;
- 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.
- WITHDRAWAL FROM THE PURCHASE CONTRACT
- The Buyer acknowledges that according to the provisions of Section 1837 of the Civil Code, the Purchase Contract cannot be withdrawn from, among other things, in the case where the relevant voucher has already been redeemed, i.e. in the case where the voucher has been presented in any form for the purpose of ordering or providing specific services from the Seller, since in such a case the Buyer is deemed to have agreed to provide the performance before the expiry of the withdrawal period.
- If this is not the case referred to in Article V.1 of the Terms and Conditions or in any other case where the Purchase Agreement cannot be withdrawn from, the Purchaser has the right to withdraw from the Purchase Agreement within fourteen (14) days of the conclusion of the Agreement in accordance with the provisions of Section 1829(1) of the Civil Code. The withdrawal from the purchase contract must be sent to the Seller within the period specified in the previous sentence. In the event of withdrawal from the Purchase Contract pursuant to Article V.2 of the Terms and Conditions, the Purchase Contract shall be cancelled from the outset. In this case, the Seller shall return the funds received from the Buyer within fourteen (14) days of the withdrawal from the Purchase Contract to the Buyer in the same manner as the Seller received them from the Buyer.
- In cases where the buyer has the right to withdraw from the purchase contract in accordance with the provisions of § 1829 paragraph 1 of the Civil Code, the seller is also entitled to withdraw from the purchase contract at any time until the services are provided to the buyer. In this case, the Seller shall refund the purchase price to the Buyer without undue delay, in cash to the account designated by the Buyer.
- If a gift is provided to the buyer together with the purchase of services, the gift contract between the seller and the buyer is concluded with the condition that if the buyer withdraws from the purchase contract, the gift contract regarding such gift shall cease to be effective and the buyer shall be obliged to return the gift to the seller.
- RIGHTS FROM DEFECTIVE PERFORMANCE
- The rights and obligations of the contracting parties with regard to the rights arising from defective performance are governed by the relevant generally binding legal regulations (in particular the provisions of Sections 1914 to 1925, Sections 2099 to 2117 of the Civil Code and Act No. 634/1992 Coll., on Consumer Protection, as amended).
- Liability rights are exercised with the seller. The Buyer may specifically exercise the rights of liability for defects in services in person at the Seller's registered office or by e-mail at info@chillisalon.cz.
- Whoever has a right under Section 1923 of the Civil Code is also entitled to compensation for the costs reasonably incurred in exercising that right. However, if the seller does not exercise the right to compensation within one month after the expiry of the period within which the defect must be pointed out, the court shall not grant the right if the seller argues that the right to compensation was not exercised in time.
- OTHER RIGHTS AND OBLIGATIONS OF THE PARTIES
- The Seller is not bound by any codes of conduct in relation to the Buyer within the meaning of Section 1826(1)(e) of the Civil Code.
- Handling of consumer complaints is handled by the Seller via the electronic address info@chillisalon.cz The Seller sends information about the handling of the Buyer's complaint to the Buyer's electronic address.
- The Czech Trade Inspection Authority, with its registered office at Štěpánská 567/15, 120 00 Prague 2, ID No.: 000 20 869, internet address: https://adr.coi.cz/cs, is competent for the out-of-court settlement of consumer disputes arising from purchase contracts. The online dispute resolution platform located at http://ec.europa.eu/consumers/odr can be used to resolve disputes between the seller and the buyer under the purchase contract.
- The European Consumer Centre Czech Republic, with registered office at Štěpánská 567/15, 120 00 Prague 2, internet address: http://www.evropskyspotrebitel.cz is the contact point under Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC (Regulation on online dispute resolution for consumer disputes).
- The seller is entitled to sell and provide services on the basis of a trade license. Trade control is carried out within the scope of its competence by the competent trade authority. Supervision of the protection of personal data is exercised by the Office for Personal Data Protection. The Czech Trade Inspection Authority supervises, among other things, compliance with Act No 634/1992 Coll., on Consumer Protection, as amended.
- The purchaser hereby assumes the risk of a change of circumstances within the meaning of Section 1765(2) of the Civil Code.
- DATA PROTECTION
- The Seller fulfils its information obligation towards the Buyer within the meaning of Article 13 of Regulation 2016/679 of the European Parliament and of the Council on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (hereinafter referred to as the "GDPR") relating to the processing of the Buyer's personal data for the purposes of the performance of the Purchase Contract, for the purposes of the negotiations on the Purchase Contract and for the purposes of the Seller's public law obligations through a special document published at https://chillisalon.cz/zasady-ochrany-osobnich-udaju/.
- SENDING COMMERCIAL COMMUNICATIONS AND STORING COOKIES
- The Buyer agrees, in accordance with the provisions of Section 7(2) of Act No. 480/2004 Coll., on Certain Information Society Services and on Amendments to Certain Acts (Act on Certain Information Society Services), as amended, to the sending of commercial communications by the Seller to the Buyer's electronic address or telephone number. The Seller fulfils its information obligation towards the Buyer within the meaning of Article 13 of the GDPR related to the processing of the Buyer's personal data for the purpose of sending commercial communications by means of a separate document.
- The buyer agrees to the storage of cookies on his/her computer. In the event that the purchase can be made on the website and the seller's obligations under the purchase contract can be fulfilled without storing cookies on the buyer's computer, the buyer may withdraw his consent according to the previous sentence at any time.
- FINAL PROVISIONS
- If the relationship established by the purchase contract contains an international (foreign) element, the parties agree that the relationship is governed by Czech law. By choosing the law according to the preceding sentence, the buyer, who is a consumer, is not deprived of the protection afforded by the provisions of the legal order which cannot be derogated from contractually and which would otherwise apply in the absence of a choice of law according to the provisions of Article 6(1) of Regulation (EC) No 593/2008 of the European Parliament and of the Council of 17 June 2008 on the law applicable to contractual obligations (Rome I).
- 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.
- The Purchase Contract, including the Terms and Conditions, is archived by the Seller in electronic form and is not accessible.
- These terms and conditions are effective from 1 January 2025.
Prague, 1 January 2025