Terms and Conditions of Sale of Goods and Services through ELASTIC DEALS
(“Terms and Conditions”)

Article 1 - Definitions


ELASTICDEALS
– 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;
BannerPortal – 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: 27254607, a company with its registered office at Povltavská 5, 170 00 Prague 7 – Troja, registered with the registry court in Prague under file No. C 107963;
Guide – client guide to the ELASTIC DEALS e-shop;
Contract – contract for use of ELASTIC DEALS with a view to offering the sale of Vouchers and selling Vouchers;
Parties – jointly the Operator and the Trader.

Article 2 - General

  1. These Terms and Conditions stipulate the mutual rights and obligations of the Parties established on the basis of the Contract, which is concluded between them when the Trader presses button “complete registration”. These Terms and Conditions shall apply unless the Parties stipulate otherwise in written.
  2. The Operator shall allow the Trader to display Offers on the Portal and sell Vouchers through ELASTIC DEALS on the Trader’s own behalf, at his own expense and on his own responsibility. For this service, the Operator is entitled to a fee from the Trader, together with compensation of cash expenses for payment of PayPal transaction fees.
  3. The fee is set at 10 % of the price of each purchased Voucher (excl. VAT) and is payable at the time of execution of the contract for purchase of the Voucher and is deemed to be paid upon transfer to the Operator’s account. Withdrawal by the Client from a contract for the purchase of a Voucher executed between the Client and the Trader does not give the Trader the right to a refund of the paid fee and of the paid cash expenses.

Article 3 - Rights and Obligations of the Parties

  1. In offering the sale of Vouchers and in their sale, the Trader shall comply with the statutory duties, obligations stipulated in the Guide and obligations under the contract for purchase of voucher.
  2. The Operator is not a party to the contractual relationship under the contract for purchase of voucher and, consequently, full liability for defects of the Performance, defects of the Voucher, damage and other unfavourable breach of the contract for purchase of the Voucher is borne by the Trader.
  3. The Trader is obliged to ensure that the contents and design of the materials published to the Clients are not at variance with public policy, that they are complete, accurate and true.
  4. The Operator is obliged to provide for functioning of ELASTIC DEALS, particularly for proper and timely delivery of a Voucher to the Client.

Article 4 - Termination notice and Withdrawal from the Contract

  1. The Operator and the Trader have the right to give a termination notice any time. The notice period is fourteen days and it starts upon the delivery of written termination notice to the counter party.
  2. The Operator has the right to withdraw from the Contract if the Trader breaches his obligation stipulated by the law, the Contract or the contract for purchase of voucher. The grounds for withdrawal from the Contract by the Operator include, without limitation, publication on the Portal of contents that are variance with public policy, sale of illegal goods or services, complaints against the Trader by the Clients.
  3. The Trader has the right to withdraw from the Contract if the Operator breaches his obligation stipulated by the law or by the Contract.
  4. Giving of notice shall not affect Operator’s entitlement to a fee and to the compensation of cash expenses according to the article 2 par. 2 and 3 of the Terms and Conditions.

Article 5 - Joint and Final Provisions

Banner
  1. All legal relationships between the Trader and the Operator established by the Contract, including relationships with an international element, shall be governed by the laws of the Czech Republic.
  2. The common courts of the Czech Republic shall have jurisdiction to discuss and resolve disputes between the Trader and the Operator arising out of or in connection with the use of ELASTIC DEALS. The Trader acknowledges that he is obliged to compensate the Operator for the legal costs and other damage incurred by the latter in relation to effective enforcement of the Operator’s rights in disputes with the Trader.
  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 Terms and Conditions.
  4. The Operator may unilaterally modify or supplement the wording of the Terms and Conditions. This provision shall in no way prejudice the rights and obligations established during the term of effect of the previous wording of the Terms and Conditions. The Operator shall inform the Trader in a suitable manner of any change in the Terms and Conditions.
  5. These Terms and Conditions are valid and effective from 1.10.2012