General Terms and Conditions

General Terms and Conditions

General terms and conditions of the eshop.amenity.cz portal developed, registered and operated by the trading company Amenity Resorts s.r.o., ID: 276 50 626, with registered office at Ratajova 1113/8, Kunratice, 148 00 Prague 4, registered in the commercial register maintained by the Municipal Court in Prague, section C, file 121600 (hereinafter referred to as “Amenity”) for the purchase of goods and/or services on the internet portal eshop.amenity.cz (hereinafter referred to as “T&C”). p>

I. Introductory provisions – service/s – description, changes to terms and conditions

1.1. These General Terms and Conditions of Amenity regulate in particular the mutual rights and obligations of the contracting parties arising in connection with or on the basis of a contract for the time-limited purchase of goods and/or the use of Amenity services (hereinafter referred to as the “Agreement”) concluded between Amenity and the buyer/s (hereinafter referred to as the “Customer”). , who through the portal www.bluelipno.cz/eshop purchases or intends to purchase from Amenity the service and/or goods offered on the above-mentioned internet portal.
1.2. These GTC are intended exclusively for the purchase of goods by the Customer (final consumer) for the purpose of direct consumption (i.e. they are intended exclusively for consumer contracts). The purchase of goods for business purposes, e.g. for resale, is not possible on the eshop.amenity.cz website (this applies especially to alcoholic and/or tobacco products).
1.3. Provisions deviating from the General Terms and Conditions can be modified in the offer of Amenity goods and/or services promoted on the eshop.amenity.cz internet portal. Any such deviating arrangements take precedence over these GTC.
1.4. The provisions of these General Terms and Conditions are an integral part of the Agreement. The contract and GTC are drawn up in the Czech language. The contract is concluded only in the Czech language and after its conclusion, the Amenity is archived and is not accessible to the Customer.
1.5. Amenity can unilaterally change or supplement the wording of the GTC. This provision does not affect the rights and obligations arising during the period of validity of the previous version of the GTC. Amenity informs Customers about changes to the General Terms and Conditions on the eshop.amenity.cz internet portal, or in another suitable way, so that the Customer can familiarize himself with the current wording of the General Terms and Conditions without undue difficulty.

II. Conclusion of the Agreement between Amenity and the customer

2.1. Amenity on the internet portal eshop.amenity.cz promotes the service/s and/or goods, including the value of the offered service/s and/or goods. The prices of the offered goods and/or service/s are stated including value added tax.
2.2. The possibility of concluding a contract for goods and/or services/eB Amenity under favorable conditions and the specified price (in the case of loyalty and other actions) remains valid for the period indicated on the eshop.amenity.cz internet portal and provided that the conditions specified in the specific offer on internet portal www.eshop.amenity.cz.
2.3. The goods and/or services ordered by the customer on the eshop.amenity.cz internet portal are referred to as “Purchase” for the purposes of concluding the Agreement and the realization of rights and obligations from the Agreement, as well as for the purposes of these General Terms and Conditions.
2.4. In particular, the Customer is aware of the following obligations towards the Amenity and therefore guarantees the following:
1. a) is fully autonomous, especially in view of his age, or is represented by a legal representative,
2. b) if he is under 18 years old, he will not order such goods and/or services on the eshop.amenity.cz internet portal for which the minimum age of 18 is a condition for use,
3. c) all information provided by Amenity is true, complete, accurate and correct,
4. d) by paying the price for the Purchase, he does not circumvent or violate the rights of third parties and is entitled to use the financial resources used to pay for the Purchase,
5. e) before starting to use the eshop.amenity.cz internet portal, he has thoroughly familiarized himself with these General Terms and Conditions, that he understands them and agrees with them,
6. f) he does not buy goods on the eshop.amenity.cz internet portal as a business person or for a business person, nor will he further sell them to third parties (especially alcoholic and/or tobacco products).

2.5. To conclude the Contract, the Customer selects the required quantity of goods and/or offered services and, if applicable, the address to which the Purchase will be delivered to him, and, if applicable, communicates information important for the delivery of the ordered goods (hereinafter referred to as the “Order”). The purchase price of the goods in the Order is at least CZK 150 (including VAT) and without a shipping fee according to Article 6, paragraph 6.5 of these GTC.
2.6. Before sending the Order, the Customer is allowed to check and change the data he entered in the Order, also taking into account the Customer’s ability to detect and correct errors that occurred when entering data into the Order. The order is sent by the Amenity Customer by clicking the “Order” button. The information provided in the Order is considered correct upon its submission. Immediately after receiving the Order, Amenity will confirm to the Customer that it has received the Order, to the e-mail address that the Customer specified in the Order.
2.7. Amenities are dy is entitled, depending on the nature of the Customer’s Order, to request additional confirmation of the Order (for example, in writing or by telephone).
2.8. The purchase contract between Amenity and the Customer is created by handing over the goods from the Order into the hands of the Customer or his representative. In addition to the Customer or his representative, a natural person over the age of 18 who resides in the apartment or other premises at the Customer’s address and who can reliably prove his identity to the person who hands over the goods to the Customer for the Amenities can take over the goods on behalf of the Customer.
2.9. Amenity is entitled to check the age limit of the Customer by looking at his identity card. If the required age limit of the Customer is not proven, Amenity is entitled to refuse to conclude the Contract and demand compensation for wasted costs in connection with the Order.
2.10. The customer acknowledges that Amenity is not obliged to enter into an Agreement, especially with persons who have previously materially violated the Agreement (including GTC) and/or the terms of use of the eshop.amenity.cz internet portal.
2.11. The customer agrees to the use of remote means of communication when concluding the Agreement. The costs incurred by the Customer when using means of communication at a distance in connection with the conclusion of the Agreement (costs of Internet connection, costs of telephone calls, etc.) are covered by the Customer himself.

III. Change of Order

3.1. The order is binding for the Customer from the moment it is completed via the eshop.amenity.cz internet portal, its change is only possible if Amenity contacts the Customer by phone stating that the ordered goods are no longer in stock. On the day of delivery, the Customer can only change the time of delivery or the address of delivery (only with the express consent of Amenity). Once the goods have already been sent to the Customer, it is not possible to change the address or the delivery time.
3.2. The customer is obliged to indicate the Order number and the date of the Order when changing the Order.

IV. Security

4.1. During registration, the Customer is prompted to create an access password to his customer account. The customer is obliged to keep this password secret and not to share it with other persons. The customer bears full responsibility for all actions that are made from his account.
4.2. The customer is obliged to inform Amenity without undue delay if he has any suspicions that his password has been misused or made available to a third party. In the event of a justified concern that the Service is or may be misused, Amenity is entitled to block the Customer’s account or ask him to change his password. Amenity is not liable to the Customer for damages incurred as a result of disclosure or misuse of his access password.

V. Withdrawal from the Contract and product claims

5.1. Complaint goods. The customer is obliged to immediately check the delivered goods from the Order and immediately complain to Amenity about any detected deficiencies. If the goods (especially food) show defects when handed over to the Customer, as a result of which it will not be possible to use them for their intended purpose (for obvious reasons, e.g. the expiration date has expired or the goods are otherwise clearly unfit for heat processing or for consumption or intended purpose of use), will immediately return the goods to the appropriate person who handed them over to him for the Amenities. The customer agrees that due to the nature of the goods, the fact that he did not complain about obvious defects in the goods at the time of delivery (e.g. food or damage to the protective packaging) may not be taken into account.
5.2. Withdrawal from the Agreement. In accordance with the provisions of § 1829 of Act No. 89/2012 Coll., Civil Code, as amended (hereinafter referred to as the “Civil Code”), the Customer has the right to withdraw from the Contract within 14 days of receiving the goods. In case of withdrawal from the Contract, the Customer is obliged to immediately hand over the goods to the person who handed them over to him for the Amenity and, if this is not possible, he is obliged to communicate the withdrawal from the Amenity Contract by telephone, identify the goods and the defect and then agree on a solution by telephone or e-mail relevant complaints (withdrawal from the contract). In case of withdrawal from the contract, the Customer bears the costs associated with returning the goods.
5.3. If the Customer withdraws from the contract, Amenity will return to him without undue delay, no later than fourteen days from the withdrawal from the contract, all funds, including delivery costs, which he received from him under the contract, in the same way. Amenity will return the money received to the consumer in another way only if the Customer has agreed to it and if it does not incur additional costs. If the Customer has chosen a different method of delivery than the cheapest method offered by Amenity, Amenity will refund to the Customer the cost of delivery of the goods in the amount corresponding to the cheapest method of delivery of the goods offered. Amenity will reimburse the Customer for the costs associated with returning the goods, if it has not notified the Customer of the obligation to bear these costs in accordance with the provisions of § 1820 paragraph 1 letter G). If the Customer withdraws from the purchase contract, Amenity is not obliged return the received funds to the Customer before the Customer hands over the goods to him. Amenity will take over the goods from the Customer in his home at his own expense, if the Customer withdraws from the contract concluded outside the usual area for Amenity’s business, the goods were delivered to the Customer’s home at the time of the conclusion of the contract and the nature of the goods does not allow them to be sent by the usual postal route.
5.4. The customer is responsible for the reduction in the value of the goods that occurred as a result of handling these goods in a way that is necessary to handle them with regard to their nature and characteristics.
5.5. In accordance with the provisions of § 1837 letter e), g) of the Civil Code, withdrawal from the Contract is not possible for perishable goods (food) (e.g. fruit, vegetables or food of animal origin, or for goods (e.g. food) that cannot be reused for hygienic reasons or for already used goods (e.g. if the Customer damages the protective packaging of the goods or breaks the safety cap or if other contamination of the goods (e.g. food) may occur). With regard to compliance with hygiene standards and these GTC, the Customer agrees that Amenity is entitled in case of any suspicion of their violation by the Customer, refuse withdrawal from the Contract and send the returned goods back to the Customer at the Customer’s expense, and if this is not possible (e.g. for hygienic reasons or because of a violation of the protective packaging), Amenity is entitled to dispose of the goods immediately.

VI. Purchase price and payment terms

6.1. The Purchase Price and any other costs according to the Contract can only be paid by cashless payment card through the secure Global Payments payment gateway.
6.2. The Customer’s obligation to pay the Purchase price is fulfilled when the relevant amount is credited to the account according to the Contract or these GTC.
6.3. Amenity will issue a tax receipt to the Customer without undue delay after payment of the Purchase price to the Customer’s e-mail address or to be downloaded from his profile on the internet portal www.eshop.amenity.cz. The tax receipt will also be handed over when the Customer receives the Purchase from Amenity.
6.4. The price of the goods does not include the price for the service of delivering the goods to the place specified in the Order. The amount of the current price for the delivery of the goods to the place specified on the day is listed on the website www.eshop.amenity.cz.
6.5. Any other change will always be notified to the Customer in advance when creating the Order.

VII. Liability and Warranties

7.1. Amenity is liable to the Customer for defects in services and/or goods to the extent stipulated by generally binding legal regulations. Amenity thus responds to the Customer that the service/goods are free of defects upon receipt. If a defect becomes apparent within six months of receipt, it is considered that the service/goods were already defective upon receipt.
7.2. In accordance with the provisions of § 2165, paragraph 1 of the Civil Code, the Customer is entitled to exercise the right from a defect that occurs in the consumer goods within twenty-four months of their receipt. This does not apply in the case of goods sold at a lower price due to a defect for which a lower price was agreed upon, in the case of wear and tear of the goods caused by its usual use, in the case of used goods due to a defect corresponding to the degree of use or wear and tear the goods had upon receipt By the customer, or if it follows from the nature of the goods.
7.3. If the goods do not have the characteristics set out in § 2161 of the Civil Code, the Customer may also demand the delivery of new goods without defects, if this is not unreasonable due to the nature of the defect, but if the defect concerns only a part of the goods, the Customer may only demand the replacement of the part; 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 Customer has the right to have the defect removed free of charge. The Customer has the right to the delivery of new goods or the replacement of a part even in the case of a removable defect, if the goods cannot be used properly due to the repeated occurrence of the defect after repair or due to a larger number of defects. In such a case, the Customer has the right to withdraw from the contract. If the Customer does not withdraw from the contract or does not exercise the right to deliver new goods without defects, to replace its component or to repair the goods, he can demand a reasonable discount. The Customer has the right to a reasonable discount even if Amenity cannot deliver new goods without defects, replace its part or repair the goods, as well as in the event that Amenity does not remedy the situation in a reasonable time or that the remedy would cause significant difficulties for the Customer. The Customer does not have the right from defective performance if the Customer knew before receiving the goods that the goods had a defect, or if the Customer caused the defect himself. If the goods have a defect for which Amenity is liable, and if the goods are sold at a lower price or used, the Customer has the right to a reasonable discount instead of the right to exchange the goods. Defect rights apply to the Amenity from which the goods were purchased. If the Customer exercises the right from defective performance, Amenity will confirm to him in writing when he exercised the right, as well as the execution of the repair and its duration.
7.4. Amenity shall not be liable for any damage or any other consequences incurred by the Customer based on or in connection with the Customer’s actions or circumstances on the Customer’s part.
7.5. The customer agrees that Amenity is not responsible for the smooth, uninterrupted, error-free and secure operation of the eshop.amenity.cz internet portal. Amenity is not responsible for advertising or promotion carried out by any third party via the eshop.amenity.cz internet portal, nor is it responsible for errors arising as a result of interventions by third parties in the eshop.amenity.cz internet portal or as a result of its use contrary to its intended purpose.
7.6. The availability of goods is tied to stock and Amenity does not guarantee the availability of goods. In the event that it is not possible to complete the Order for any reason on the part of Amenity, the Customer will be informed about this via a telephone call or via the e-mail that the Customer indicates in the Order as a contact.

VIII. Alcoholic beverages and tobacco products

8.1. Tobacco products and alcoholic beverages may only be sold to persons over the age of 18; their sale to younger persons is prohibited. If it cannot be reliably verified that the Customer is over 18 years old, the goods will not be handed over and Amenity is entitled to withdraw from the Contract, unless the goods are handed over to the Customer’s legal representatives.
8.2. Amenity reserves the same restriction and the same right to introduce also for alcoholic products.

IX. Protection of intellectual property rights, misuse of the service, availability of the service, other rights and obligations of the contracting parties

9.1. The customer acknowledges that the software and other components making up the eshop.amenity.cz internet portal (including photos of advertised services and/or goods) are protected by copyright. The customer undertakes to use the eshop.amenity.cz internet portal exclusively for his needs, and that he will not perform any activity that could allow him or third parties to interfere or use (e.g. store, modify, distribute) software or other components without authorization creating the eshop.amenity.cz internet portal.
9.2. Access and use of the eshop.amenity.cz internet portal by the Customer in accordance with the General Terms and Conditions is free of charge.
9.3. The customer is not authorized to use mechanisms, software or other procedures on the eshop.amenity.cz internet portal that could have a negative effect on the operation of the eshop.amenity.cz internet portal. The eshop.amenity.cz internet portal can only be used to the extent that it does not infringe on the rights of other Amenity customers and is in accordance with its purpose.
9.4. The customer uses the eshop.amenity.cz internet portal at his own risk and agrees that the photos on the eshop.amenity.cz internet portal are only illustrative.
9.5. Amenity is not responsible for any damages incurred in connection with the use of services, use of information or downloading of data published on the eshop.amenity.cz internet portal, i.e. for errors, omissions, interruptions, malfunctions, delays, computer viruses, loss of profit or loss of Customer data or other third parties using the eshop.amenity.cz internet portal, unauthorized access to the transmissions and data of these persons, changes to such data, as well as other tangible and intangible losses.
9.6. All information published on the eshop.amenity.cz website is presented to the best of Amenity’s knowledge and conscience, which is not responsible for their completeness or technical accuracy. Amenity also disclaims all guarantees that the material listed on the eshop.amenity.cz internet portal is harmless.
9.7. Amenity reserves the right to limit or terminate the Customer’s or other third party’s access to the eshop.amenity.cz internet portal at any time.
9.8. In relation to the Customer, Amenity is not bound by any codes of conduct within the meaning of § 1826 paragraph 1, letter e) Act No. 89/2012 Coll., Civil Code.

X. Personal data protection and consent to processing

10.1. How Amenity processes the Customer’s personal data is described in the Personal Data Protection section. The customer acknowledges that he is obliged to provide his personal data correctly and truthfully and that he is obliged to inform Amenity of any change in his personal data without undue delay.

XI. Delivery and Collection

11.1. Unless otherwise agreed, all correspondence related to the Contract must be delivered to the other contracting party in writing, by electronic mail, or in person or by registered mail through a postal service provider. It is delivered to the customer at the e-mail address specified in the Order.
11.2. In the case of delivery by electronic mail, the message is considered delivered at the moment of receipt on the incoming mail server. A message delivered in person or through an intermediary on the part of the postal service operator, it is considered to have been accepted by the acceptance of the parcel by the addressee, or by the refusal of the acceptance of the parcel by the addressee. In the case of delivery via a postal service operator, the shipment is also considered delivered upon the expiry of a period of ten (10) days from the date of depositing the shipment and giving the addressee a call to take over the deposited shipment, if the shipment is deposited with the postal service operator, even if the addressee did not find out about the storage.

XII. Final Provisions

12.1. If the relationship related to the use of the internet portalueshop.amenity.cz or the legal relationship established by the Agreement contains an international (foreign) element, then the parties agree that the relationship is governed by the legal order of the Czech Republic. This does not affect the rights of the Customer (consumer) resulting from generally binding legal regulations. In the event of a legal dispute between the Customer and Amenity, the court of local jurisdiction is the court based on Amenity’s registered office.
12.2. In the event of a dispute between the Customer and Amenity, the Customer may also use the option of out-of-court settlement of the dispute. In such a case, the Customer can contact the subject of out-of-court dispute resolution, which is the Czech Trade Inspection (www.coi.cz) and proceed according to the rules stated there. More information on out-of-court dispute resolution can also be found on the website of the Czech Trade Inspection.
12.3. Amenity is entitled to this activity on the basis of a trade license and the activity is not subject to any other authorization. The trade inspection is carried out by the trade office within the scope of its competence.
12.4. If any of the provisions of the General Terms and Conditions is or becomes invalid or ineffective, such invalid provisions will be replaced by a provision whose meaning is as close as possible to the invalid provision. The invalidity or ineffectiveness of any provision does not affect the validity and effectiveness of the other provisions.

XIII. Customer Support

‘s contact details

• Internet portal/ e-shop: eshop.amenity.cz
• Telephone line: +(420) 739 209 866
Any questions, suggestions, comments or complaints can be addressed to eshop@amenity.cz. If it is not possible to solve them, you can turn to the state supervisory authorities and the court.
The stated General Terms and Conditions become effective on
10/11/2020.