I. Basic provisions
1.1 These general terms and conditions (hereinafter referred to as "terms and conditions") regulate contractual relations between:
Helena Tomaskova (Massage Therapist)
IČ: 06086861, DIČ: CZ06086861
Subject of activity: Body care services – massage, reconditioning and regeneration services
Office address: Salon Pro Tebe, Šrobárova 17, 130 00 Praha
(hereinafter referred to as the "operator")
and
the buyer of the services provided (hereinafter referred to as the "buyer") and the user of the purchased services (hereinafter referred to as the "customer").
1.2 The operator provides massage, reconditioning and regeneration services on the basis of a valid trade license and documents certifying professional competence for the activities performed (hereinafter referred to as "services" or also "massage").
1.3 By purchasing a gift voucher, ordering a service by phone, electronic or in person, ordering a specific service date, the buyer and the customer show their agreement to these terms and conditions of the operator. If the customer does not agree with these terms and conditions, he has the option not to use the service.
1.4 These terms and conditions apply regardless of the form of the concluded contract, i.e. e.g. for contracts concluded electronically, orally or implicitly, if their content is the provision of the services listed in point 1.2 by the provider to the customer.
II. Legal framework of the services provided
2.1 The contractual relationship between the operator and the customer, or the buyer, is governed primarily by the agreement of the parties, then by these terms and conditions and also by applicable legal regulations, in particular by Act No. 89/2012 Coll., the Civil Code, as amended (hereinafter referred to as "OZ ") and Act No. 634/1992 Coll. on consumer protection, as amended (hereinafter referred to as "ZOS").
2.2 In the event that the agreement of the parties establishes different rights and obligations than these terms and conditions, or the dispositive provisions of the law, the agreement of the parties shall apply. In the event that these terms and conditions determine different rights and obligations than those set forth in the dispositive provisions of the law, these terms and conditions shall apply.
2.3 The customer agrees to the possibility of using remote means of communication when concluding the contract and resolving relations arising from the contract. The operator uses a public communication service for communication with the customer at prices that are not higher than normal call prices. The costs incurred by the customer when using means of communication at a distance in connection with the conclusion of the contract (costs of Internet connection, costs of telephone calls) are covered by the customer himself.
2.4 The contract binds the parties until the moment of fulfillment of all mutual rights and obligations, unless the possibility of withdrawing from the contract has been negotiated.
2.5 For the resolution of the dispute between the operator and the customer, the regulations according to ZOS for the resolution of consumer disputes shall be used. Only the customer can submit a proposal within a period of one year from the day when he contacted the operator for the purpose of resolving the dispute and his complaint was not resolved by the operator. The operator is obliged to comment on the proposal within 15 days. The details of the proposal are regulated by ZOS. The costs of out-of-court proceedings are borne by each party.
2.6 The Czech Trade Inspection is the supervisory authority over the fulfillment of the obligations set out in the Consumer Protection Act according to §23 ZOS. Current information on out-of-court dispute resolution between the customer and the operator is available at http://www.coi.cz/. Proceedings are started on the day the authorized entity receives the proposal according to §20n ZOS.
2.7 More detailed information for consumers, including information on cross-border consumer disputes, is available at http://www.mpo.cz/, consumer protection section.
III. Terms of service provision
3.1 The customer is obliged before ordering the service, or before the actual performance of the service, to inform the operator of their health problems or of mere doubts about their health problems, in which the services may not be performed or in which the services are not suitable to be performed due to the occurrence or worsening of the customer's health complications. The operator recommends that the customer, in case of any health problems, consult his doctor beforehand about the suitability of the services.
3.2 The operator does not provide its services especially in case of the following customer problems
in conditions of extreme fatigue or exhaustion and conditions requiring bed rest,
, in the case of febrile, acute inflammatory and infectious diseases and when they are suspected,
on skin affected by purulent or fungal inflammation,
in places of fresh injury and violation of the integrity of the skin,
in places of varicose veins and leg ulcers and in vein inflammations,
earlier than 1-2 hours after eating,
in cancer diseases,
in bleeding diseases and in advanced atherosclerosis and osteoporosis,
in diseases of the abdominal cavity, such as diarrhoea, especially with bleeding in the stool, when the colon is filled with hard stool and when the bladder is not emptied,
in diseases of the gallbladder and urinary tract,
abdominal massage during pregnancy, two months after childbirth and during menstruation,
under no circumstances does the operator massage the neck from the front, the breasts in women and the nipples in men, the genital area, the groin (inguinal) region and the armpits (axillae).
3.3 Each customer is fully responsible for their health. The operator does not bear any responsibility for any health complications that arise for the customer as a result of unannounced or concealed health problems that the customer suffers from before performing the service, or failure to respect, in particular, the above-mentioned contraindications. A more detailed description of contraindications can be found on the website of the operator http://www.avetherapy.cz/.
IV. Conclusion of the contract and ordering of the date of services
4.1 The customer orders the service date through a binding order. The customer can place the order in person, by phone or electronically.
4.2 The date of the service must be agreed and reserved in advance. The agreed date is binding.
4.3 If, for serious reasons on the part of the customer, the service cannot take place on the agreed date, the customer is obliged to inform about this in advance no later than 24 hours before the start of the ordered service. (If the operator does not pick up the phone, he will then call back the missed call - for the purposes of rescheduling, the time of the missed call is considered to have been rescheduled. An apology and proposal for rescheduling can also be sent via SMS or e-mail. A later rescheduling is considered an absence the customer with all the consequences according to these terms and conditions.
4.4 The customer is obliged to inform the operator of the above reasons even if he misses the deadline for reordering (24 hours before the start of the service). In such a case, his absence is considered excused and the customer is obliged to pay the operator only part of the missed services according to point 6.4 of these terms and conditions.
V. Price of services and terms of payment
5.1 All service prices are determined by the current service price list, which is available on the operator's domain. The operator is not a VAT payer and for this reason all service prices are always listed as final prices.
5.2 The customer shall pay the price of the service to the operator after they have been provided, in the following ways:
a) in cash or with a valid gift voucher: directly to the operator,
b) by bank transfer: only after individual agreement with the customer,
VI. Attendance at the establishment and the consequences of absence
6.1 The customer is obliged to arrive at the operator's premises at the address specified in point 1.1 of these terms and conditions well in advance of the ordered date. About 5 - 10 minutes before the start of the term is considered sufficient advance notice. If the customer arrives more than 15 minutes in advance, the operator does not guarantee the possibility of allowing the customer into the waiting room and the premises.
6.2 Upon arrival, the customer must wait for the massage to begin. During the waiting period, the waiting room and sanitary facilities are available. The customer is obliged to follow the operator's instructions while waiting and, if a previous customer's massage is still taking place in a separate part, not to interrupt the course of this massage. Otherwise, the operator may ask you to wait outside the premises.
.3 If the customer arrives after the agreed date, the service will be performed in a reduced scope so that it ends at the originally set time. The customer acknowledges that the above cannot be applied for some services of a shorter time range, in case of a long delay of the customer, or for some specific types of services, and if the customer arrives with a delay of more than 15 minutes, the provision of the service may no longer take place based on the operator's decision and such late arrival will be considered an unexcused absence due to reasons on the part of the customer according to clause 6.4 of these terms and conditions.
6.4 In case of unexcused absence or arrival for the massage with a delay of more than 15 minutes according to point 6.3, the customer will be required to pay the value of the reserved time in the amount of the ordered massage, or it will be directly deducted from the value of the voucher. Payment will be made no later than the next date of the massage, or at the request of the operator.
6.5 In the event of the customer's absence with an excuse in accordance with point 4.4 of these terms and conditions, the customer is obliged to pay 50% of the price of the missed service, at the next time the service is provided or at the request of the operator. This amount can also be deducted from the value of the purchased voucher.
6.6 The operator reserves the right not to provide the customer with the service if he has not paid for his absence during previous services according to points 6.4 and 6.5 of these terms and conditions.
6.7 If the customer repeatedly does not show up for the ordered service without an excuse, the operator reserves the right not to order such customer for further massages. This procedure does not affect the customer's obligation to pay for services already provided or his absence according to points 6.4 and 6.5 of these terms and conditions.
6.8 If the operator cannot provide the ordered service to the customer due to sudden obstacles on his side (e.g. poor health, serious personal obstacles, accident in the establishment, equipment failure, etc.), the customer will be offered an alternative date for the service.
VII. Service provision process
7.1 The customer is obliged to follow the operator's instructions during the entire period of service provision and to enable the proper course of service provision by his actions and behavior. If this is not the case, this is a reason to refuse or interrupt the service according to Article VIII of these terms and conditions.
7.2 The customer may be accompanied to the premises by another person designated by him.
7.3 Before the first massage, the customer is instructed about health risks, indications and contraindications. If he decides to undergo a massage, he clearly and freely expresses his informed consent.
7.4 Before each subsequent massage, the customer is asked about the feelings and changes brought about by the previous massage and is asked about the current health and psychological state. If he decides to undergo a massage, he clearly and freely expresses his informed consent.
7.5 The operator always agrees with the customer on the type of massage, pressure, techniques or use of tools (cups) before the start of, or during, the massage, and the customer has the option to reject the proposed procedure. If he decides to undergo the given procedure, he clearly and freely expresses his informed consent.
7.6 The operator is not responsible for any possible loss of the client's belongings before, during or after the massage.
7.7 The operator does not guarantee the customer the expected result of the massage.
VIII. Denial and Termination of Service
8.1 The service may be refused by the operator before its commencement in the following cases:
a) the customer arrives for the procedure with obvious symptoms of infectious diseases (cold, herpes, rash, fungal disease, lice...),
b) the customer arrives for the procedure in a drunken state or under the influence of addictive substances,
c) the customer comes to the procedure with health problems of a medical nature,
d) the customer arrives for the procedure in an unsatisfactory hygienic condition,
e) the customer expresses himself in an indecent manner while booking an appointment or during the procedure,
f) makes noise, insults the service provider or annoys other customers of the salon with his behavior,
g) the customer has had an allergic reaction in the past related to the use of materials that are normally used in the provision of the selected service. The customer is obliged to notify the service provider of this fact in advance (when ordering the service) and this fact does not constitute the right to claim a service already performed.
8.2 The customer has the right to refuse the provision of the service at any time before the start of the service without having to give a reason.
8.3 If the service is refused according to points 8.1 and 8.2, the customer is not entitled to a refund of the paid services, or the provider's right to their payment does not expire. All agreed services must be paid for as if the service had been provided in full.
8.4 The service may be prematurely terminated by the operator under the following conditions:
a) during the service, the customer shows obvious symptoms of infectious diseases,
b) during the service, the customer shows obvious symptoms of intoxication or addictive substances,
c) obvious symptoms of health problems appear in the customer during the service,
d) during the service the customer will behave in an indecent manner or
e) during the provision of the service, the customer develops an allergic reaction to the materials used.
8.5 The customer is entitled to request their interruption at any time during the provision of services. In such a case, the operator is obliged to interrupt the massage so that there are no negative effects on the physical health of the customer. For this purpose, the customer is obliged to undergo the completion of the minimum necessary procedures and procedures aimed at this.
8.6 In the event of interruption of services according to points 8.4 and 8.5, the provider's right to payment of the entire service within the agreed scope does not expire, just as the customer is not entitled to a refund of already paid payment, even partially. The service must always be paid for in full. The only exception to this rule is the interruption of the service according to point 8.4 letter a), c) and e) in the event that the customer did not know about the reasons for the interruption in advance and could not have known even by exercising ordinary care and attention. In such a case, the provider is entitled to a proportional part of the price according to the duration of the service already provided, or the customer is entitled to a refund of the proportional amount for the unused part of the service.
IX Gift cards
9.1 For all gift vouchers, their value or the type of ordered service is stated directly on the voucher. The voucher is not exchangeable for money and cannot be exchanged. The value of the voucher can be used up with a one-time purchase and, in the case of a higher value of the voucher than the price of the service provided, also with several purchases. In the event of a complaint regarding the service for which the gift voucher was used, the amount will be refunded via a replacement gift voucher. In case of loss, the gift voucher cannot be replaced in any way. The voucher is not tied to a specific person and can be freely transferred in whole or in part to a third party free of charge or for a fee. Any manipulation of the voucher or its modification affecting the overall appearance or structure (paper, template, font, text layout, color scheme, etc.)) is considered forgery of an officially issued document, which is a crime according to the applicable laws of the Czech Republic.
9.2 The operator provides the following gift vouchers:
printed gift vouchers and gift vouchers in electronic form, which are ordered via email.
9.3 Printed gift vouchers are available directly at the operator's premises. Electronic vouchers can be ordered via email avetherapy@gmail.com. They can be applied to all massages provided by the operator, the choice is up to the customer, it depends on the value of the purchased voucher. Payment is made in cash or by bank transfer.
9.4 Upon agreement, it is possible to send a printed gift voucher to the buyer or customer at the specified address.
9.5 Gift vouchers are always visibly valid for 1 year from purchase.
9.6 Gift vouchers cannot be redeemed after their validity period has expired, however, it is possible to agree on an extension with the operator individually.
9.7 Any other electronic vouchers on other portals that the operator decides to put into circulation are governed by all applicable rules as gift vouchers in points 9.3 to 9.6, unless the portal itself stipulates otherwise. The method of ordering and payment will be governed by the rules of the respective portal.
X. Service Complaints
10.1 When making a complaint about the services provided, both the provider and the customer proceed according to the applicable legal regulation, in particular according to the provisions of OZ and ZOS. The customer takes note of all the rules and deadlines set in the relevant regulations and is obliged to proceed according to them in the event of a complaint.
10.2 In addition to the legal possibilities, complaints can also be submitted electronically to the e-mail address of the operator listed on its website. The moment of application of the complaint is its delivery to the operator.
XI. Personal data
11.1 When booking and ordering massage services, the customer is obliged to provide all information correctly and truthfully. Data provided by the customer in any form are considered correct by the operator. The operator does not verify the correctness of the data.
11.2 The customer acknowledges that the operator is the administrator of his personal data in the sense of the applicable legal regulations, in particular in the sense of Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016 on the protection of natural persons in connection with the processing of personal data and on the free movement of this data and on the repeal of Directive 95/46/EC (GDPR) and Act No. 101/2000 Coll. on personal data protection, as amended.
11.3 The legal basis for the processing of personal data according to applicable legal regulations is mainly the fulfillment of contractual and legal obligations of the operator, such as the provision of contracted services, accounting, or other obligations imposed by law. The purpose of personal data processing is the fulfillment of the above obligations of the provider. The recipient of personal data is the provider. The period of personal data processing is the period necessary for the fulfillment of the contract with the customer and subsequently the period absolutely necessary for the fulfillment of all legal obligations of the operator and the protection of its legitimate interests.
11.4 In connection with the processing of the customer's personal data, the customer has the right to information about whether and what information the operator manages about him, the right to delete personal data, if the legal conditions for this are met, the right to limit the processing of personal data, or to raise an objection against processing for legitimate reasons and the right to data portability (i.e. obtaining managed data in a clear and machine-readable form). The right to withdraw consent to the processing of personal data applies only if some data is managed on the basis of such consent, but not in a situation where the data is managed due to the fulfillment of contractual and legal obligations of the operator, and not on the basis of the customer's consent.
11.5 In the event that the customer is in any way dissatisfied with the processing of his personal data carried out by the operator, he can file a complaint directly with him or contact the Office for Personal Data Protection.
11.6 More information about the customer's rights related to the protection of his personal data is available on the website of the Office for Personal Data Protection. (https://www.uoou.cz/6-prava-subjektu-udaj/d-27276)
XII. Final Provisions
XII. Final Provisions
12.2 These general terms and conditions enter into force and effect on 20 October 2022.
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