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This Guide describes the substance of the ELASTICDEALS e-shop, its functioning, the legal relationships you enter into in relation to its use and the rights and obligations that arise for you in this respect.

Article 1 - Definitions

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Unless the Offer or Voucher specifies otherwise, the following capitalised terms and abbreviations have the following meaning:


ELASTIC DEALS
– internet sales point (e-shop) located on the Portal that allows Traders to sell and Clients to purchase Vouchers;
Client – entity purchasing a Voucher from a Trader through ELASTIC DEALS;
Offer – time-limited offer of sale of a Voucher published on the Portal. An Offer shall contain, in particular, the Trader’s identification details, description of the Performance, value of the Voucher, price of the Voucher, percentage discount, period during which the Trader is bound by the Offer including the price, term of validity of the Voucher and the terms of use of the Voucher;
Trader – entity offering the sale of a Voucher through ELASTIC DEALS and selling the Voucher through ELASTIC DEALS;
Order – order of a Voucher through ELASTIC DEALS;
Performance – goods or service set out in the Offer;
Portal – website at http://www.elasticdeals.com/;
Voucher – the Client’s right to a performance from the Trader under the terms set out in the Offer and/or in the Voucher itself;
Operator – entity operating ELASTIC DEALS, providing the Traders with the opportunity to use ELASTIC DEALS and to offer services to the Clients through ELASTIC DEALS. The Operator is My Companion s.r.o. , Id. No: 5, 170 00, a company with its registered office at Povltavská 7 Prague 107963 – Troja, registered with the registry court in Prague under file No. C 107963;
Guide – this client guide to the ELASTIC DEALS e-shop;
Contract – contract for the purchase of a Voucher executed by and between the Client and the Trader


Article 2 - Terms and Conditions of Using ELASTIC DEALS


Access to the Portal
  1. The access to the Portal and use of ELASTIC DEALS are free of charge.
  2. The Operator reserves the right to restrict or terminate the use of ELASTIC DEALS by a Client or Trader at any time.
Purchase of a Voucher
  1. The Operator allows Traders to publish Offers on the Portal and sell Vouchers through ELASTIC DEALS on the basis of their contract with the Operator.
  2. A published Offer is a proposal for execution of a Contract between the Client and the Trader. An Offer is active as from its publication on the Portal. An Offer is active for a limited period of time and until all the Vouchers set in the Offer have been sold.
  3. A Contract may only be concluded if the Client has previously registered himself by entering his e-mail or facebook address and password. By registration, the Client confirms that he has become acquainted with this Guide and that he fully agrees with it without any reservations. Upon registration, the Client is assigned an account on the Portal to which Vouchers will be delivered to the Client.
  4. Delivery of the Voucher is preceded by the following steps: selection of the Voucher, registration, specification of payment details, check of the specified details and clicking on “Buy”. Check of the details serves to find and correct any mistakes made during the process of ordering the Voucher. Once the Client clicks on “Buy”, all the details specified by the Client are deemed to be correct. The Contract is concluded upon delivery of a Voucher with a unique code to the Client’s account.
Price of a Voucher and Payment Terms Banner
  1. The Client may pay the price of a Voucher by a cashless payment using a bank card or using his account with PayPal.
  2. The price of a Voucher is payable upon execution of the Contract.
Rights and Obligations of Clients in Purchasing and Paying for Vouchers
  1. The Client has the right to use the Voucher within the exactly defined period set out in the Voucher; after lapse of this period, the Client’s right to the performance expires.
  2. A Voucher may be used only once at the Trader, in the full amount. A Voucher cannot be exchanged for cash.
  3. Further terms of using a Voucher are set out by the Trader in the Offer and in the Voucher.

Article 3 - Liability and Complaints

  1. The Operator is not a party to the contractual relationship under the Contract and, consequently, the Operator is not liable to the Client for any defects of the Performance, defects of the Voucher, damage or other consequences of breach of the Trader’s obligations. If the Client intends to withdraw from the Contract, he shall address directly the Trader.
  2. Also any complaints and other claims related to the purchase of a Voucher shall be resolved by the Trader from whom the Voucher was purchased.
  3. The Operator does not guarantee uninterrupted and error-free access to the Portal and uninterrupted and error-free functioning of ELASTIC DEALS. The Operator is not liable for any damage caused to the Client in accessing the Portal and using ELASTIC DEALS, including any potential damage incurred in downloading data published on the Portal, damage caused by interruption of the operation, breakdown of the Portal or ELASTIC DEALS, computer viruses, damage resulting from loss of data, profits, unauthorised access to the Client’s transfers and data. By contrast, the Client bears full liability for any and all damage caused by his unauthorised interference with the Portal and ELASTIC DEALS.
  4. The Operator is not liable for any damage if the Operator is ordered to discontinue the operation of ELASTIC DEALS or if the Operator decides to cease his activity.

Article 4 - Personal Data Protection

  1. The Operator processes e-mail and facebook addresses of the Clients disclosed within registration in conformity with Act No. 101/2000 Coll., on personal data protection, as amended.
  2. Within registration, the Client may agree that the Operator may send him Offers to his e-mail address for direct marketing purposes. The Client may withdraw the consent to sending of Offers pursuant to the preceding sentence at any time by checking the box in the e-mail message “cancelling the sending of offers”.

Article 5 - Joint and Final Provisions

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  1. All legal relationships arising on the basis of or in connection with the use of ELASTIC DEALS shall be governed by the laws of the Czech Republic regardless of the place from which the Portal was accessed and ELASTIC DEALS used.
  2. The common courts of the Czech Republic shall have jurisdiction to discuss and resolve disputes arising out of or in connection with the use of ELASTIC DEALS.
  3. If any provision of the Guide is or becomes invalid or ineffective, such invalid provision shall be replaced by a provision that is as close as possible to the invalid provision. Invalidity or ineffectiveness of a provision shall in no way prejudice the validity and effectiveness of other provisions of the Guide.
  4. The Operator may unilaterally modify or supplement the wording of the Guide. This provision shall in no way prejudice the rights and obligations established during the term of effect of the previous wording of the Guide. The Operator shall inform the Client of any change to the Guide on the Portal, or in some other suitable manner, so that the Client can become acquainted with and grant his consent to the current wording of the terms and conditions without undue difficulties.
  5. This Guide is valid and effective from 1.10.2012

I declare that before using ELASTICDEALS, I have thoroughly read this Guide and I fully understand and agree with the information and terms contained in the Guide.