General terms and conditions

GENERAL TERMS & CONDITIONS

(hereinafter referred to as “T&Cs”)

1. These conditions apply to the mutual rights and obligations of the contracting parties arisen in connection with or on the basis of the Agreement on the provision of hand car washing and cleaning services in the Automyčka Express network (hereinafter referred to as "ACW"), concluded between Automyčka Express s.r.o., ID No.: 28165098, with its registered office at Nám. Republiky 656/8, 110 00 Prague 1 (hereinafter referred to as the "Provider"),
   and another person (hereinafter referred to as the “Customer”) through the Provider's online shop and form an integral part thereof and at the same time determine part of the content of the ACW. The Internet shop is operated by the Provider on this Internet address: www.automycka.cz (hereinafter referred to as the “website”) via the website interface (hereinafter referred to as the “shop web interface”).
2. The T&Cs do not apply to cases where the Customer would be a legal person or a person acting within his/her business activity or as part of exercising his/her profession independently when ordering services.
3. The ACW and T&Cs have been drawn up in the Czech language. The ACW can be concluded in the Czech language.
4. The ACW including the T&Cs is archived by the Provider in an electronic form and is not accessible.
5. Other terms and conditions, verbal agreements or changes, termination and supplementation of the existing T&Cs are only valid if confirmed by both contracting parties in writing.
6. Interpretation – unless the context of the ACW or T&Cs requires otherwise, the terms below will have the following meaning: “Current Price List of the Provider” means a valid price list of the washing programs of the Provider of the Hand carwash establishment; “VAT” means value added tax at the current rate; “Registration form” means an appendix to each tax document issued by the Provider to the Customer which includes, inter alia, license plates of the cleaned vehicles, types of washing programs carried out; “Washing program” means a type of vehicle washing and cleaning to a precisely defined extent that is also included, inter alia, in the Current Price List of the Provider; “Pick-up Service” means a special service provided by the Provider to the Customer; “Hand carwash establishment” means one of the hand carwashes selected by the Customer in the ACW; “Hand carwash” means each Automyčka Express establishment in Prague, Brno, Ostrava, Plzeň and Hradec Králové and their list with addresses and information lines is included on the website; “Service” means vehicle washing and cleaning and Pick-up Service provided by the Provider to the Customer; “Voucher“ means a one-time voucher for the provision of Services to the Customer in the nominal value of the Voucher.
7. The entire presentation of the Services on the shop web interface is of an informative nature and the Provider is not obliged to conclude an ACW regarding these Services. The provisions of Section 1732 (2) of the Civil Code shall not apply.
8. The shop web interface contains information about the provided Services, including the prices of individual Services. The prices of the Services include VAT and all associated fees. The prices of the Services remain valid as long as they are displayed on the shop web interface. The shop web interface also contains information about the costs associated with packaging and shipping of the Voucher. The information on the costs associated with the packaging and delivery of the Voucher provided on the shop web interface is valid only in cases when the Voucher is shipped within the Czech Republic.
9. To order a Voucher, the Customer fills in the order form on the shop web interface. The order form contains in particular information about:
   1. the ordered Voucher (the Customer “places” the ordered voucher into the electronic shopping cart of the shop web interface),
   2. the method of payment of the Voucher purchase price, data on the required shipping method of the ordered Voucher, and
   3. information on the costs associated with the shipping of the Voucher (hereinafter collectively referred to as the "order").
10. Prior to sending the order to the Provider, the Customer can check and change the data entered by the Customer in the order, so specifically, the Customer can detect and correct errors made when entering data into the order. The Customer sends the order to the Provider by clicking on the appropriate button. The data specified in the order are considered correct by the Provider. Immediately after receiving the order, the Provider will confirm this receipt to the Customer by e-mail to the Customer's e-mail address specified in the order (hereinafter referred to as the "Customer's e-mail address").
11. The contractual relationship between the Provider and the Customer arises upon the receipt of the order (acceptance), sent by the Provider to the Customer by e-mail, to the Customer’s e-mail address.
12. The Customer can pay the Voucher price and any costs associated with the delivery of the Voucher according to the ACW in the following ways:

1. by electronic transfer to the seller's account No. 2111455445/2700 (hereinafter referred to as the "seller's account"),
2. via the GP webpay payment system,
3. cashless using a payment card.

13. The Provider shall issue a tax document - an invoice - to the Customer regarding payments made on the basis of the ACW. The tax document - invoice will be issued by the Provider to the Customer after the payment of the Voucher price and will be sent electronically to the Customer's e-mail address.
14. According to the Act on Registration of Sales, the seller is obliged to issue a receipt to the buyer. At the same time, he/she is obliged to register the received takings with the tax administrator online; in the event of a technical failure, within 48 hours at the latest.
15. Any right to a discount will be quantified in the tax document - invoice or its annex and the amount corresponding to the discount will be deducted from the total price, i.e. the Customer will be charged (invoiced) the amount to be paid, in which the discount will already be reflected. Any discounts on the price of the Services provided by the Provider to the Customer cannot be combined with each other.
16. The payment is considered paid only by crediting the full amount to the Provider's account.
17. If for reasons on the part of the Customer, it is necessary to ship the Voucher repeatedly or in another way than stated in the order, the Customer is obliged to pay the costs associated with a repeated shipment of the Voucher, or the costs associated with another method of shipping.
18. Upon the receipt of the Voucher from the carrier, the Customer is obliged to check the integrity of the Voucher packaging and to notify the carrier immediately in case of any defects.
19. The Voucher can be redeemed only within the period of its validity and at the Hand carwash establishment listed in the relevant box.
20. Unless otherwise agreed in the ACW, individual orders for the Services are made by telephone, e-mail or electronic orders via the website, or in person.
21. The Customer acknowledges and is acquainted with the opening hours of Hand carwashes and undertakes not to request the Services outside the opening hours of the Hand carwash establishment.
22. The Customer further acknowledges and agrees that the Provider is entitled to refuse to provide the Service within the time specified by the Customer.
23. By accepting the vehicle while sending the electronic order, the Provider assumes responsibility for the vehicle until the moment the vehicle is returned to the Customer.
24. The Provider declares that it has taken out liability insurance for damages caused to a third party up to the amount of performance of at least CZK 7,500,000.
25. The Customer is obliged to properly inspect the cleaned vehicle immediately upon its acceptance and to claim defects, as later claims or claims for damages will not be accepted by the Provider.
26. The rights from the liability for defects of the Services apply to the Provider. The Provider is obliged to issue a written confirmation to the Customer about when the Customer exercised the right, what the content of the complaint is and what method of resolving the complaint the Customer requires; in addition, a confirmation of the date and manner of handling the complaint, or a written justification for rejecting the complaint.
27. The Customer is entitled to request the performance of the Services only in the Hand carwash establishment.
28. The Provider is entitled to perform the Services for the Customer in Hand carwashes.
29. Pick-up Service means collecting the vehicle from the Customer and bringing the vehicle cleaned according to the selected washing program back to the Customer. Unless stated in the Provider's ACW or another price list otherwise, the prices for each Pick-up Service provided are governed by the following rates: i) up to 5 km CZK 595, ii) and each additional km beyond the first 5 km CZK 27 per each km started. Pick-up Service is provided free of charge for Programs No. 4, 5 and 6 if the distance for collecting and delivering the vehicle to the Customer is no more than 5 kilometers (km) from the Hand carwash establishment; if the distance exceeds 5 km, then the Pick-up Service is paid according to the Provider's Price List or these T&Cs; and in the event of a difference between the Price List and the T&Cs, the Provider's Price List takes precedence.
30. In the event that the Customer does not use the Voucher with the Provider within the agreed period of validity, the Customer is not entitled to a refund of the price paid for the Voucher.
31. The Provider is entitled to unilaterally update and change the prices of the Services. The Provider's Current Price List is always made public in the Hand carwash establishment and on the website.
32. Each contracting party may withdraw from the ACW for legal reasons. The Customer may withdraw from the ACW within fourteen (14) days of receiving the Voucher. Withdrawal from the ACW must be sent to the Provider within the period specified in the previous sentence. Withdrawal does not affect the Provider's entitlement for the payment of the price for the provided Services.
33. In the event of withdrawal from the ACW, the ACW will be revoked in full. The Voucher must be returned by the Customer to the Provider within fourteen (14) days from the delivery of the withdrawal from the ACW to the Provider. If the Customer withdraws from the ACW, the Customer shall bear the costs associated with returning the Voucher to the Provider.
34. The Provider shall return the funds received from the Customer within fourteen (14) days of withdrawal from the ACW by the Customer, in the same manner as the Provider received them from the Customer. The Provider is also entitled to return the performance provided by the Customer already upon the return of goods by the Customer or in another way if the Customer agrees and the Customer does not incur additional costs. In the event the Customer withdraws from the ACW, the Provider will not obliged to return the received funds to the Customer before the Customer returns the Voucher or proves that he/she has sent the Voucher back to the Provider.
35. The Provider is entitled to transfer the rights and obligations arising from the ACW in part or in full to a third party and the Customer is obliged to tolerate this. This change will be notified to the Customer in writing without delay.
36. If any provision of this ACW or the T&Cs becomes invalid, ineffective or unenforceable, this fact does not affect the validity, effectiveness and enforceability of the remaining provisions.
37. Both contracting parties consider the content of the ACW and the T&Cs to be confidential and undertake to maintain their content confidential with regard to third parties, even after the termination of the ACW. The provision of information requested by the competent authorities shall not be considered a breach of confidentiality.
38. All notifications or other correspondence will be made electronically between the parties. The Customer can receive all correspondence to the Customer's electronic address.

E-mail address of the Provider is as follows: info@automycka.cz.

39. All rights and obligations of the contracting parties will be governed by and construed in accordance with the laws of the Czech Republic. For all disputes based on the agreement of all contracting parties according to Section 89a of the Code of Civil Procedure, the contracting parties select the locally competent District Court for Prague 1 or the Municipal Court in Prague.
40. If the relationship established by the purchase contract contains an international (foreign) element, then the contracting parties agree that the relationship is governed by Czech law. The choice of law according to the previous sentence does not deprive the buyer who is a consumer of the protection afforded to him by the provisions of the law which cannot be deviated from contractually and which would otherwise apply in absence of choice of law under Article 6 (1) of Regulation of the European Parliament and of the Council (EC) No. 593/2008 of 17 June 2008 on the law applicable to contractual obligations (Rome I).
41. 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/csis responsible for the out-of-court settlement of consumer disputes arising from the ACW. The online dispute resolution platform is available at http://ec.europa.eu/consumers/odrodr. European Consumer Center Czech Republic, with its registered office at Štěpánská 567/15, 120 00 Prague 2, Internet address: http://www.evropskyspotrebitel.cz is a contact point pursuant to 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 (Online Consumer Dispute ODR).
42. The Provider fulfils its information obligation towards the Customer 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") related to the processing of Customer's personal data for the purposes of the ACW performance, negotiations about the ACW and for the purposes of fulfilling the public obligations of the Provider through a special document.
43. The Customer agrees to the storing of the so-called cookies on his/her computer. If it is possible to make a purchase on the website and fulfill the Provider's obligations under the ACW without storing the so-called cookies on the Customer's computer, the Customer may revoke the consent pursuant to the previous sentence at any time.
44. The Provider reserves the right to change and amend these T&Cs. The current version of the T&Cs is always available on the website.
45. Effect: these T&Cs have been in effect since 23 December 2019.