TERMS AND CONDITIONS

Business terms and conditions of the company Room Therapy s.r.o., ID number: 071 34 533, with registered office at Legerova 578/70, Prague 2, 120 00, registered in the commercial register maintained by the Municipal Court in Prague, section C, insert

331049 (hereinafter referred to as " Room Therapy !", or " you supply l!").
telephone 733 429 247, email: hello@ateliermonday.cz
which is the operator of the website www.ateliermonday.cz (hereinafter referred to as " Website !)

I. GENERAL PROVISIONS

  1. These terms and conditions (hereafter referred to as " terms and conditions !) have been drawn up in accordance with the provisions of the Zá-!) and Act Zákon !), and other effective legal regulations.
  2. A customer of Room Therapy is: i) a consumer within the meaning of § 2 paragraph 1 letter a) of the Act (hereinafter referred to as " consumer "), or ii) a person different from the consumer (these two types of customers are referred to as " customer !" hereafter).
  3. In accordance with the provisions of § 1751, paragraph 1 of the Commercial Code, these terms and conditions regulate mutual rights and obligations arising in connection with or on the basis of a contract for the provision of services concluded by the intermediate customer and the supplier through the Website (hereinafter referred to as the " Contract !"). The Supplier and the Customer conclude the Contract through the online interface located on the Website.
  4. By concluding the Agreement, the customer expresses his consent to these terms and conditions, which are an integral part of the Agreement, and confirms that he has familiarized himself with these terms and conditions. The customer is sufficiently informed of these terms and conditions before concluding the Agreement and has the opportunity to become familiar with them.
  5. Provisions deviating from these terms and conditions can be negotiated in a specific contract. Deviating provisions in the Contract take precedence over the provisions of these terms and conditions.
  6. When concluding and performing the Contract, the Supplier acts as part of its business activity. The supplier is an entrepreneur who directly or through other entrepreneurs supplies services to the customer.
  7. The contract and terms and conditions are drawn up in the Czech language. The purchase contract can only be concluded in the Czech language and according to Czech law. After the supplier concludes it with the customer, it remains stored in electronic form with the supplier and is not accessible to the customer. The customer is issued a confirmation of the concluded contract including the wording of these terms and conditions.
  8. The wording of these terms and conditions may be amended or supplemented by the Supplier. This provision does not affect the rights and obligations arising during the period of validity of the previous version of the terms and conditions.

II. RIGHTS AND OBLIGATIONS OF THE CONTRACTING PARTIES

1. The proposal for the conclusion of the Contract (offer) is the placement of the offered services by the supplier on its website. The contract between the customer and the supplier is created by the delivery of the acceptance of the order (acceptance), which is sent by the supplier to the customer by e-mail, to the e-mail address of the customer. The resulting contract can be changed or canceled only based on the agreement of the parties or on the basis of legal reasons. The supplier is entitled to withdraw from the concluded contract without further ado at any time before the delivery of the services, if i) he is objectively unable, due to reasons on the part of third parties, to deliver the services within a period appropriate to the circumstances ii) the parameters entered by the customer do not correspond to the actual scope of the work iii) and/or if it becomes clear that the customer has violated the previously concluded contract with the supplier. At the same time, the supplier warns the customer that

the contract is not concluded if there are legitimate doubts about the real identity of the customer and/or in the case of obvious errors in the provided information about the services or the price. If the customer has already paid part or all of the reward, this amount will be returned to him.

  1. The supplier is obliged to send the acceptance to the customer within two working days from the date of receipt of the order, thereby confirming its acceptance to the customer. If they do not do so, the order is not considered accepted. The sending of a confirmation e-mail to the specified address of the customer is also considered confirmation of the order.
  2. To conclude the Contract as part of the purchase process, the customer first selects the "START NOW" section on the Website and fills out a questionnaire, which also includes the selection of performance, including the specified price and details. Once the customer has selected all the services he intends to order and specified them using the aforementioned procedure, he continues the purchase process by pressing the "NEXT" button. The customer sends the order to the supplier by clicking the "SEND" button.
  3. Before sending the order to the supplier, the customer is allowed to check the data that the customer entered in the order. The customer sends the order to the supplier by clicking on the appropriate button at the end of the questionnaire. If it is necessary to later change the data entered in the already sent order, the customer must contact the supplier for this purpose at his e-mail address: hello@ateliermonday.cz.
  4. The supplier shall immediately confirm to the customer that the order has been accepted. The confirmation includes the designation of the service, its scope, the price for its performance and the date of its performance. Confirmation of the order is not acceptance.
  5. The subject of the Agreement is the supplier's obligation to provide the customer with services offered via the Website, consisting of the processing and creation of an interior design to a predetermined extent, and the customer undertakes to accept this performance and pay the agreed price.
  6. Services means the delivery of services specified on the supplier's website, provided by the supplier according to the customer's requirements stated in the order questionnaire.
  7. If the parties do not agree otherwise in a specific case, communication between the supplier and the customer regarding the services provided under the Agreement will preferably take place via e-mail, or by phone. Depending on the nature of the matter, the ordered services will also be provided to the customer preferably in the form of electronic communication (including video conference and other forms of audiovisual communication).
  8. In the event that the customer's order does not contain sufficient information or documents for the provision of the requested service or contains instructions that are clearly inappropriate or disadvantageous for the customer, the supplier is entitled to request their addition. In such a case, the deadline for providing the ordered service will begin to run only after the appropriate addition of information, documents or instructions.
  9. Unless otherwise stated, the supplier's remuneration stated in the offer is the final price of the service provided, including all taxes and fees.
  10. The agreed remuneration of the supplier is payable by cashless transfer on the basis of an advance invoice issued by the supplier before the provision of services, within 3 working days of its issuance, unless a longer period is indicated on the invoice. The deposit is in the amount of 100% of the reward. Invoices will be issued and sent by the supplier only in electronic form. The customer is obliged to observe the due date of the tax document. In the event of a delay in payment, the supplier reserves the right to appropriately adjust the date of provision of services, of which he will inform the customer. In the event of a delay in payment of more than 14 days, the supplier has the right to refuse the provision of services and in such a case will return to the customer all funds provided so far.
  11. After the advance invoice has been paid, the supplier contacts the customer in order to provide the agreed services, i.e. in particular to obtain the information needed to prepare the interior presentation and shopping list.
  12. In the event that the supplier receives from the customer all the information and documents necessary for the provision of the required service, which the supplier confirms to the customer in writing, the supplier undertakes to deliver the ordered services to the customer within 14 working days following the delivery of the supplier's written confirmation to the customer of receiving information and documents to the required extent. Failure to supply the necessary documents by the customer constitutes a material breach of these terms and conditions.
  13. The supplier is not responsible for any errors in the order (errors in writing, numbers, incorrect grammar, typos) on the part of the customer. Such performance provided by the supplier cannot be considered defective, as their delivery in this way and with this content was replaced by the customer. The delivery of additional services in this case would be considered as the conclusion of a new Agreement.III. CONTRACT TERMINATION
  14. The contractual relationship ends with fulfillment of the Agreement, withdrawal from the Agreement, dissolution of the legal entity (supplier or customer) with liquidation or agreement between the parties.
  15. If the customer materially violates or repeatedly violates his obligations arising from these terms and conditions or the Contract and does not eliminate such material or repeated violations within 14 days from the date of delivery of notification of this fact in the form of a registered letter from the supplier or from the date of delivery of an e- email invitations from the supplier, the supplier is entitled to withdraw from the Contract. Withdrawal is effective on the day following delivery of the notice of withdrawal to the other contractual party.
  16. In the event that the customer has violated his obligations arising from these GTC or the Agreement in a particularly serious manner, the supplier is entitled to withdraw from the Agreement and terminate the provision of the Service with immediate effect upon detection of such a violation.
  17. The customer expressly requests that the services be provided under the Contract even before the expiration of the 14-day period for withdrawing from the Contract according to § 1824a, paragraph 3 of the Civil Code, and has been informed and at the same time understands that, in the event that the services are provided to him within this period, loses the right to withdraw from the Contract.
  18. In the case of electronic conclusion of the Contract or telephone conclusion, the customer, if he is a consumer, has the right to withdraw from this Contract without giving a reason within 14 days. This period begins to run from the day following the day on which the given Contract was concluded (i.e. from the day following the day when the customer sent his order to the supplier and the supplier confirmed the acceptance of this order) and compliance with this period is sufficient, if the withdrawal from the Contract was sent to the supplier before the expiration of this period. To withdraw from the contract, it is possible to use the sample contract withdrawal form, which is attached to these terms and conditions, but it is not mandatory. If the customer withdraws from the contract in accordance with the above conditions, the supplier will return to him without undue delay, no later than 14 days from the day on which the supplier received the withdrawal from the contract, all payments received from the customer in connection with this contract, and in the same way as he received these payments, unless the contracting parties agree otherwise. If any goods are returned in connection with the withdrawal from the Contract, the customer bears the costs related to the transport of these goods to the supplier.
  19. In the event that the customer withdraws from the Contract before the expiry of the 14-day period for withdrawal from the Contract in accordance with paragraph 5 of this provision, while the provision of services has already started based on the customer's express request (i.e. based on the relevant order, in which the date of the required performance is indicated), in such a case the customer is obliged to pay the supplier a proportional part of the price corresponding to the price of the services already provided to the customer.
  20. After the expiry of the above-mentioned 14-day period, the right to withdraw from the Contract concluded electronically on the Website or by telephone expires.
  21. The customer must always send the request to change the Contract, as well as the withdrawal from the Contract, to the supplier in writing, i.e. by e-mail or by filling out the application and sending it to the customer's registered office or by another clear statement made to the supplier. A request to change the contract is considered accepted upon delivery to the supplier, but the supplier undertakes to confirm receipt of the request within 48 hours of receipt at the latest. Withdrawal from the Agreement is effective upon delivery to the supplier.

IV. LICENSE AGREEMENT

  1. The customer acknowledges that if, within the scope of the provision of services on the basis of the Agreement, a copyrighted work is created by the supplier within the meaning of Section 2 of Act. No. 121/2000 Coll. (hereinafter referred to as " work "), all copyrights and other intellectual property rights to the service (or work) belong to the supplier. The customer is therefore obliged to use the service only within the scope of the license granted.
  2. By concluding the Agreement, the Customer acquires a non-exclusive license to the work created in this way. The customer is not entitled to grant or assign a license or sub-license to a third party without the written consent of the Supplier. The license also applies to updates or modifications of the work.
  3. The customer is not entitled to incorporate the Service into another work without the consent of the Supplier. V. CLAIMS
  4. If the customer is dissatisfied with the quality of the services delivered, he is obliged to inform the supplier of this fact in writing, e.g. by e-mail, to the address of the registered office, or by telephone.
  5. The customer, who is not a consumer, can make a complaint no later than 14 days after the performance has been provided, which the customer is aware of and agrees to. Claims arising from liability for defects expire if they are asserted late.
  6. As soon as the customer discovers a defect in the performance, he shall notify the supplier without undue delay (via the contact details listed above in the terms and conditions) and hand over the defective performance to the supplier, or store it according to his instructions or dispose of it in another appropriate way so that the defect can be reviewed. the supplier is obliged to issue written confirmation to the customer of when the complaint was made, what it contains, what method of handling the complaint the customer requires and the customer's contact details for the purpose of providing information on the handling of the complaint. At the same time, the supplier informs the customer about the date and method of settlement of the complaint, or a reasoned rejection of the complaint in writing.
  7. The supplier reserves the right to review the reasons for the complaint and, if it is found to be justified, to propose a solution to the customer, e.g. providing a change of performance free of charge, or returning part of the remuneration. The choice of right from defective performance belongs to the customer.
  8. The supplier, or the employee authorized by him, undertakes to review the reasons for the complaint in the above-mentioned manner. The complaint will be processed and the customer informed within 30 days from the date of application of the complaint, unless the parties agree on a longer period. 1.
  9. If the performance is defective, the customer may, at his option, demand the removal of the defect either by supplying a new performance or by changing the performance, unless the chosen method is impossible or unreasonably expensive. The supplier can refuse to remove the defect if it is impossible or disproportionately expensive, especially with regard to the importance of the defect and the value that the performance would have without the defect. The supplier will remove the defect within a reasonable time after it has been pointed out, while taking over the performance at its own expense. 2.
  10. The customer may request a reasonable discount or withdraw from the contract if

d. it is obvious from the supplier's statement or from the circumstances that the defect will not be removed in a reasonable time or without significant difficulties for the customer.

8. The supplier is not responsible for non-fulfillment of obligations arising from the contract, which occurred as a result of force majeure.

VI. FINAL PROVISIONS

  1. In the event that a consumer dispute arises between the supplier and the customer, who is a consumer, arising from the Contract concluded on the basis of the customer's order, which cannot be resolved by mutual agreement, the customer-consumer may submit a proposal for an out-of-court settlement of such a dispute to the designated out-of-court settlement entity of consumer disputes, namely: Czech Trade Inspection, Central Inspectorate - ADR Department, Štěpánská 15, 120 00, Prague 2, email: adr@coi.cz, web: ard.coi.cz
  2. The customer-consumer can also use the online dispute resolution platform established by the European Commission at http://ec.europa.eu/consumers/odr/.
  3. If these GTC or the agreements of the contracting parties do not stipulate otherwise, the legal relations between the contracting parties are governed by the relevant provisions of Act No. 89/2012 Coll., Civil Code, as amended.
  4. These terms and conditions are issued in accordance with the Civil Code and are valid and effective from 2/20/2023.