General Terms and Conditions

  1. Basic provision
    1. These General Terms and Conditions (hereinafter referred to as the "GTC") establish in accordance with Section 1751 of Act No. 89/2012 Coll., The Civil Code the mutual rights and obligations of the parties arising in connection with selling a voucher that the customer purchases through his / her voluntary will through the sales web site (the "Sales Web Portal"). GTC become part of a contract. Rights and obligations not governed by an order (contract concluded between the Parties), nor a separate agreement, nor the GBC, shall be governed by the relevant provisions of the Civil Code and / or the Consumer Protection Act 634/1992 Coll., or other generally binding legal regulations.
    2. Voucher means a voucher entitling the Customer to purchase goods, services, and other tangible or intangible values (rights) to partners of the Sales Web Portal. The voucher includes, but is not limited to: (i) a numeric or other sign; (ii) a value (expressed in EURO); and (iii) validity (if not mentioned is validity one month). The voucher is transferable to a third person with the prior consent of the Provider.
    3. The voucher is only for purchase (can be claimed) by the partners; it can not be changed for money, unspent value is not returned. Voucher exchange, i.e. replacement of Voucher for another Voucher, is possible only on the basis of an agreement of the Provider with a third party (i.e. other publisher / agent). The terms of the Voucher for another voucher will be set in the Sales Web Portal (if applicable).
    4. Customer is understood to be a consumer acting outside of his / her business or outside the scope of his / her independent profession, who has ordered, paid and acquired the ownership of the Voucher through the Sales Web Portal upon acquaintance with the terms, possibilities of exercise, value and consideration hereinafter referred to as the "Customer").
    5. Agent is understood to be Mobriton ČR s.r.o., Company ID: 04026039, with registered office at Tyršova 258, Modřice, postal code: 664 42 (hereinafter referred to as "the Agent").
    6. Partner means a third person who, on the basis of a contractual relationship, agreement or other legal title, offers (sells) to the Customer goods, other tangible or intangible value (right), and the Voucher (hereinafter referred to as the "Partner") is eligible for payment.
    7. A brokerage agreement means a contract between the Agent and the Customer that is concluded through the Sales Web Portal, on the basis of which the Customer will receive a Voucher that is applicable to the Affiliates.
  2. Customer registration
    1. Customer registration is able through the Sales Web Portal.
    2. The Customer undertakes to enter the correct data in the registration and to become acquainted with the condition of the purchase and application of the Voucher, upon receipt of the User ID and the login password.
  3. Ordering
    1. Customer purchases a voucher through the Sales Web Portal. The customer completes the order form, which he sends as a proposal to the Provider. Customer's order is accepted by the Provider confirming the message on Customer's contact email.
    2. By sending the order, the Customer accepts the sales prices of a particular Voucher (value) as well as other terms of application of the Voucher. The right to issue the Voucher is issued only when the entire Voucher is credited to the Agent's bank account.
    3. Customer's order made with an addendum or deviation within the meaning of Section 1740 (3) of the Civil Code is not by accepting an offer for the conclusion of the Intermediary Contract. The mediation contract is concluded when the Customer pays the purchase price. The moment of payment is the moment when the entire price is credited to the account of the Provider.
    4. The Provider will send the Voucher to the Customer immediately after payment, in the form of a PDF on the Customer's Contact E-mail, which he entered within the order of the Sales Web Portal.
    5. No special codes of conduct are binding on the Provider or any special codes of conduct are voluntarily disregarded.
  4. Payment for the Voucher
    1. The value (purchase price) of the voucher is specified by the voucher. The price is always including of VAT (if applicable) and includes the cost of the service provided by the Agent. Customer makes a payment in one of the following ways:
      • Payment gateway. Voucher payments will primarily be made via the Payment Gateway. The payment will be made by the payment / credit card, which the Customer holds (the owner). The Customer declares and warrants the Agent that the data provided by the card issuer (s) are valid and complete.
      • To the bank account of the Agent. In justified cases, payment of the Voucher may be made to bank account by wire transfer or cash deposit. Customer with respect to the Agent's obligation under paragraph 4.4. of this Article, as well as the Agent's request not to damage its reputation, the Customer's justification will be demonstrated by the request.
      • By Voucher. Payment of the Voucher by a voucher issued by another agent is possible if it is listed on the Sales Web Portal, which will also specify the terms and conditions of payment.
    2. The price of the service provided by the Agent is available at the Sales Web Portal. The customer agrees to pay for the Voucher so that the incoming payment on the Agent account corresponds to the value of the Voucher. The Agent is not liable for any payment, exchange rate, improper calculation or currency transfer by the Customer, or for other reasons that would result in the difference in value credited to the Intermediary's account and the Customer's Purchased Vouchers. The Customer acknowledges that, in the case of payment of a sum other than the value of Voucher, the Voucher for such a value can not be issued. With respect to the costs of the Tracking and Matching Agent, a contractual penalty is agreed, as a flat-rate compensation amount equal to the difference between the actual amount credited and the rounded amount of the received payment to a total of EUR 50. The Agent will send a Voucher to the Customer in the amount of the received payment less the contractual penalty. Entitlement to a contractual penalty arises at the time of receipt of a payment at a rate other than a divisible EUR 50. The Customer agrees to offset the payment received by the Agent. Set-off is made when the Voucher is reduced by a contractual penalty to the Customer.
    3. The customer is required to make a Voucher payment under a variable number, which is the Voucher number. In justified cases of bulk payment of vouchers or the impossibility to enter a variable symbol, the payment will be made under VS 0000 and in the payment note the "user ID" of the Customer received in the registration will be indicated. The Customer acknowledges that, in the event of an incorrect specification of the payment, the Voucher may only be obtained after assignment.
    4. The Agent has the right to identify the Customer under Act No. 253/2008 Coll., On Certain Measures against Money Laundering and Terrorist Financing, as amended, if the amount exceeds EUR 1,000 or if it is a suspicious transaction. The Customer declares that the funds that have been paid for the Voucher are legally acquired and / or not legally or contractually restricted. At the same time, the customer declares that he is not a politically exposed person.
  5. Guarantee
    1. The Agent is responsible for delivering the Voucher to the Customer upon payment of his full price. All rights to defective performance apply to Partners with whom the Customer has ordered goods / service / other similar performance or value. The period for exercising the rights from the defective performance, unless stipulated otherwise, is one year after its issuance.
    2. The Agent is not responsible for the loss of the Voucher or the defective performance of the Partner. Customer acknowledges that after the expiration of the Voucher, the claim can not be made.
    3. The Provider is not liable for any damage or other harm arising from the use of the goods / services or other values purchased through the Voucher.
  6. Withdrawal from the contract
    1. The customer who is a consumer has the right under Section 1829 (1) of the Civil Code to withdraw from the Brokerage agreement within 14 days of the receipt of the Voucher. Withdrawal must be delivered to the Agent by electronic mail at at the latest by the last day of the deadline or in writing to the address of the Provider's office. In withdrawall, the Customer shall indicate the date of the order, the Voucher number and the bank account to which the voucher value is to be returned (fulfillment). In the event of a refund of the unused voucher, a handling fee of 2.4% will be charged.
    2. Withdrawal from the Brokerage agreement is possible (inter alia) by filling in a template for withdrawal, available at the Sales Web Portal.
    3. The Customer acknowledges and agrees that the Voucher's value is the Customer's obligation only if the Voucher has not been returned to the Customer directly by the Partner and the Voucher has not been applied.
    4. The Agent returns to the Customer (the consumer) the value of the Voucher or, further fulfillment according to the valid legal regulation, without undue delay, no later than 14 days from the moment of delivery of the valid withdrawal. The Customer acknowledges that, in the case of reasons on his side, the Agent is not in default with the return of the Voucher value (for example, failure or misstatement of the Customer's Bank account).
    5. The Agent reserves the right not to execute the transaction.
  7. Protection of personal data
    1. Protection of the personal data of the Customer, which is a person, is determined by Act No. 101/2000 Coll., On the Protection of Personal Data. Customer agrees to process these personal data: name and surname, address, e-mail address, telephone number, copy of ID and proof of address (collectively referred to as "personal data").
    2. The Customer agrees with the processing of personal data by the Agent for the implementation of the contractual relationship, i.e. the management of the Customer's Account, fulfillment of the legal obligations of the Agent and identification of the Customer by the Partner. If the Customer does not choose another option, he agrees with the processing of personal data by the Seller also for the purpose of sending information and commercial communications.
    3. The Customer acknowledges that he / she is required to report his / her personal details (when registering, in his user account, when ordering through the Sales Web Portal), correctly and truthfully, and is obliged to inform the Provider without undue delay of any change in his or her personal data or other facts, which have or could have an impact on the contractual relationship concluded in the intentions of these GTCs or directly or indirectly to the Agent.
    4. By processing the buyer's personal data, the Agent may authorize a third party as processor. In addition to persons to whom necessary data will be passed on Customer in the performance of the Provider's commitment, personal data will not be passed on to third parties without the prior consent of the Customer. Personal data will be processed indefinitely. Personal data will be processed electronically in an automated manner.
    5. Customer acknowledges that the personal data provided are accurate, true and complete and that he / she has been advised that this is a voluntary provision of personal information.
    6. Should the Customer believe that the Agent or the processor is processing his or her personal data contrary to the protection of private and personal life, in contravention of applicable law and / or has the interest to change or revoke consent to the processing of personal data, he ask Agent to do so via e-mail address or by written request addressed to the Agent's address (address), explanation or removal of the resulting condition, or withdraws consent to the processing of the data.
  8. Final Provisions
    1. Customer undertakes not to engage in any activity that may allow him / her or third parties to tamper with or improperly use software or other parts of the Sales Web Portal.
    2. Consumer disputes under the Brokerage agreement are the responsibility of the Czech Trade Inspection, with its registered office at Štěpánská 567/15, 120 00 Praha 2, IČ: 000 20 869, Internet address:
    3. The customer assumes the risk of changing circumstances in accordance with § 1765 (2) of the Civil Code.
    4. These Terms and Conditions are displayed on the Sales Web Portal The Business Terms are valid to the extent and wording that appear on the Provider's website on the day the order is dispatched.
    5. By sending the order, the Customer acknowledges to the Agent that he has become familiar with these terms of business that he is fully understandable and agrees with them. These terms and conditions are notified to the Customer in sufficient time before the order is made and have the opportunity to become acquainted with them.

Prague, 25 August 2017

Mobriton CR s.r.o.