Términos y Condiciones de Venta de POLYGON Singing Rock

GENERAL TERMS AND CONDITIONS

Insert 36256

for the sale of services via the online shop at www.singingrock-polygon.cz.

1. RECITALS

1.1. These general terms and conditions (hereinafter referred to as the "Terms and Conditions") of Polygon SINGING ROCK s.r.o., with registered office at Poniklá 317, 514 01 Poniklá, Company ID: 03741044, incorporated in the Commercial Register maintained by the Regional Court in Hradec Králové, Section C, Insert 36256 (hereinafter referred to as the "Provider") govern the mutual rights and obligations of the parties arising in connection with or on the basis of the contract for the provision of services (hereinafter referred to as the "Contract") concluded between the Provider and another natural or legal person (hereinafter referred to as the "Client") through the Provider's booking system operated on the website at the Internet address https://www.singingrock-polygon.cz (hereinafter referred to as the "Booking System"). Information about the services offered is available on the Provider's website at https://www.singingrock-polygon.cz (hereinafter referred to as the "Main Website").

1.2. Provisions deviating from these Terms and Conditions may be agreed in the Contract. Deviating arrangements in the Contract take precedence over the provisions in the Terms and Conditions.

1.3. The provisions of the Terms and Conditions are an integral part of the Contract. The Terms and Conditions are drawn up in Czech and English. The Contract can be concluded in both Czech and English.

1.4. The Provider may change or supplement the Terms and Conditions. This provision does not affect the rights and obligations arising during the period of effectiveness of the previous version of the Terms and Conditions valid at the time of conclusion of the Contract.

2. USER ACCOUNT

2.1. Based on the registration of the Client in the Booking System, the Client can access his/her user interface. The Client can order the Services from its user interface (hereinafter referred to as the "User Account").

2.2. When registering in the Booking System and ordering the Services, the Client is obliged to provide correct and truthful information. The Client is obliged to update the data provided in the User Account upon any change thereof. The data provided by the Client in the User Account and when ordering the Services are considered correct by the Provider; the Client bears all responsibility for the facts originating in the provision of incorrect data.

2.3. Access to the User Account is secured by a username and password. The Client is obliged to maintain the confidentiality of the information necessary to access his/her User Account.

2.4. The Client is not entitled to allow third parties to use the User Account. In case of loss of user data or suspected misuse of user data, the Client is obliged to inform the Provider without undue delay.

2.5. The Provider is entitled to cancel the User Account, specifically if the Client has not used his/her User Account for more than 6 years, at the Client's request, or if the Client breaches his/her obligations under the Contract and/or the his/her obligations under these Terms and Conditions.

3. CONCLUSION OF THE CONTRACT

3.1. Any presentation of the Services placed on the Main Website is not a public offer within the meaning of Section 1732 of Act No. 89/2012 Coll., the Civil Code, as amended. Instead, these are informative facts and the Provider is not obliged to conclude the Contract.

The Provider is also able to arrange for a closed training for the Client, either at Polygon or at the Client's, upon a prior and individual basis.

3.2. To order selected Services, the Client shall fill in the order form in the Booking System. The order form contains information about:

• the training ordered (the relevant Service on the relevant date at the relevant price is "booked" by the Client in the "electronic shopping cart" of the Polygon Booking System) ("Training"),
• billing data of the Client and delivery data for sending the certificate to the Client,
• the person(s) who will attend the selected Training (name and date of birth, personal number if applicable) ("Participants").

3.3. Prior to sending the order to the Provider, the Client is allowed to check and change the data entered in the order, including those with regard to the Client's ability to detect and correct errors arising during data entry into the order. The Client sends the order to the Provider by clicking on the "Complete booking and send order" button. The data provided in the order are considered correct by the Provider; the Client bears all responsibility for the facts originating in the provision of incorrect data.

3.4. Sending an order is considered to be an act of the Client that undoubtedly identifies the ordered Training, the price, the person of the Client and is binding on the Client. The validity of the order is subject to the completion of all mandatory data in the order form, the Client's familiarity with these Terms and Conditions before submitting the order on the Main Website and the Client's confirmation that he/she has read and understood these Terms and Conditions ("Order").

3.5. Immediately upon receipt of the Order, the Provider shall confirm such receipt to the Client by electronic mail to the Client's electronic mail address specified in the User Account or in the Order (hereinafter referred to as the "Client's Electronic Address"). By e-mail, the Client will also receive documents with detailed information about the ordered service upon confirmation of the Order by the Provider.

3.6. The conclusion of the Contract between the Provider and the Client occurs upon the receipt of the confirmation of the Order (acceptance), which is sent by the Provider to the Client by electronic mail to the Client's Electronic Address.

3.7. The Client may order the Training through the Booking System only; this is the way to guarantee the actual placement in the training.

3.8. In the event that the Provider cannot meet any of the requirements specified in the Order, the Provider shall send the Client an offer to the Client's Electronic Address indicating possible variants of the Order and shall seek the Client's opinion.

3.9. The offer shall be considered a new draft Contract and the Contract shall be concluded only upon acceptance of the offer by the Client via the Client's electronic mail.

3.10. The Client agrees to the use the remote means of communication for the conclusion of the Contract and for the provision of the Service. Costs incurred by the Client for using the remote means of communication in connection with the conclusion of the Contract and the provision of the Service (costs of Internet connection, costs of telephone calls) shall be borne by the Client and shall not differ from the basic rate.

4. SERVICE PRICE AND TERMS OF PAYMENT

4.1. The Provider's Main Website contains information about the Services offered, including the approximate time and price for a specific Service (for scope of individual types of Training is listed in the Training curriculum at https://www.singingrock-polygon.cz.). The time and price for a specific Service may change in relation to the data provided by the Client in the Order. The binding time and price for a specific Service are considered to be the data specified in the Contract.

The Provider shall always issue a tax document - invoice to the Client.

The Provider shall send the tax document - invoice either in electronic form to the Client's Electronic Address or by post or PPL.

The Client may pay the price for the Service and any costs associated with the delivery of the Service under the Contract to the Provider in the following ways:

•  Trainings: Class 1 - Roofs and structures, Class 2 - Rope access; - in cash at the Provider's premises (hereinafter referred to as the "Polygon"), on the day of provision of the Service. For list of Polygons, visit the Main Website.

4.2. In addition, the price of the Service - covering all the Trainings - can be paid as follows:

•  by wire transfer to the Provider's account number 7711177111/5500, maintained with Raiffeisenbank a.s. (hereinafter referred to as the "Provider's Account"); in that case, the Client is obliged to identify the payment with the variable symbol specified by the Provider in the tax document - invoice;
• non-cash transfer via a payment terminal at the Provider's premises at SINGING ROCK, s.r.o., Poniklá 317, 514 01 Poniklá

In case of non-cash payment, the Client's obligation to pay the price is fulfilled at the moment the relevant amount is credited to the Provider's Account.

4.3. The Provider is a payer of value added tax. The prices of the Services offered are exclusive of value added tax. Value added tax in the amount specified in the applicable regulations shall always be indicated in the tax document - invoice issued by the Provider. The prices for the Services remain in effect as long as they are displayed on the Main Website. This provision is without prejudice to the parties' ability and entitlement to conclude the Contract on individually negotiated terms and conditions.

4.4. As regards the payment according to Article 4.1 of these Terms and Conditions, the price is due and payable by the date of provision of the Service, before the Provider actually starts providing the Service. As regards the payment according to Article 4.2, the price is due and payable within 14 days of the conclusion of the Contract, unless otherwise agreed. If the Contract is concluded less than 14 days before the actual provision of the Service, the price for the Service is due and payable by the date of provision of the Service, before the Provider actually starts providing the Service.

5. WITHDRAWAL FROM THE CONTRACT

5.1. The Client is entitled to withdraw from the Contract within 14 days following the date of its conclusion, however no later than on the date of the provision of the Service. Withdrawal from the Contract must be sent to the Provider via the Client's Electronic Mail to andrea.stojanova@singingrock.cz.

5.2. The Provider shall confirm the receipt of the withdrawal from the Contract to the Client without undue delay at the address from which the withdrawal was sent.

5.3. By withdrawing from the Contract, the Contract is rendered null and void from the outset.

5.4. The Provider reserves the right to cancel the Contract or any part thereof in the event of:

•  Training for the public which is not attended by the minimum number of persons required for the organisation of the training according to Article 6.3. of the Terms and Conditions

If the Client withdraws from the Contract:

• a) 14 days or more prior to the provision of the Service, the Provider shall return 100% of the price for the Service to the Client
• b) 4 - 13 days prior to the provision of the Service, the Provider shall return 30% of the price for the Service to the Client
• c) less than 3 days prior to the provision of the Service, the Client is not entitled to a refund of the price for the Service.

In the event that the Client does not withdraw from the Contract and does not use the Service provided by the Provider within the term agreed in the Contract, the Client shall not be entitled to a refund of the price for the Service provided, not even in part. In the event that the Client does not withdraw from the Contract and does not use the Service provided by the Provider within the term agreed in the Contract and the price has not been paid by the Client, the Provider shall require full payment of the price for the Service from the Client.

If a medical certificate is delivered by the Client no later than on the day of the provision of the Service and it is proven that the Client or the Participant could not participate in the provision of the Service for health reasons, the Provider may refund the Client a part of the price paid for the provision of the Service. The refund of the part of the price paid for the provision of the Service is entirely at the discretion of the Provider and the Client is not entitled to the same.

6. FURTHER RIGHTS AND OBLIGATIONS OF THE PARTIES

6.1. The Client undertakes to register as Participants to the Service only persons who have reached 18 years of age on the date of the provision of the Service, unless the Participant is currently receiving vocational training. The fact that the Participant is participating in the Service within his/her vocational training must be demonstrated to the Provider by the Client no later than on the date of the provision of the Service.

6.2. The Client may use the Service provided by the Provider only if prior to the provision of the Service the Client's Participants have a valid medical certificate of passing a medical examination focused on work at heights and above depths with a positive recommendation by a physician.

The Client is responsible for the health condition of all Participants to whom the Service will be provided by the Provider. The Client shall not register for the Service such persons whose health condition does not allow movement at heights and above depths.

The Client acknowledges that all activities performed by the Participants during the provision of the Service are activities performed at heights and above depths and are hazardous activities where injury and death are possible.

6.3. After successful completion of the Training, the Client is sent a certificate by the Provider, and/or a personal card, if applicable (if the Participant has uploaded his/her photo to the Booking System prior to the provision of the Service), for individual Participants.

6.4. The Client acknowledges that the Provider provides the Services for the following minimum number of persons:

7. PERSONAL DATA PROTECTION

7.1. The protection of personal data of the Client, who is a natural person, or the Client's representative - a legal entity, is provided in accordance with applicable law, in particular with Regulation (EU) 2016/679 of the European Parliament and of the Council on the protection of personal data ("GDPR").

7.2. The Client acknowledges that the Provider processes the following personal data for the purpose of the Contract: name and surname, date of birth, residential address, identification number, tax identification number (or company name, registered office and mailing address), e-mail address, and telephone number (hereinafter collectively referred to as the "Personal Data").

7.3. The Provider processes the Personal Data for the purposes of exercising the rights and obligations under the Contract and for the purposes of maintaining the User Account. Commercial communications will be sent to the Client's Electronic Address, as this procedure is permitted by Section 7(3) of Act No.480/2004 Coll., on Information Society Services, unless rejected by the Client. These communications may only relate to similar goods or services and can be unsubscribed at any time by sending a letter, email or by clicking on a link in the commercial communication. The Client's Electronic Address will be stored by the Provider for this purpose for a period of 3 years from the conclusion of the last Contract between the Parties.

7.4. Subject to the Client's agreement, the Provider is entitled to publish photographs/video documentation of the training session in which the Client or his/her representative is depicted.

7.5. The Client acknowledges that he/she is obliged to provide his/her Personal Data (during registration, in his/her User Account, when placing an order in the web interface) correctly and truthfully and that he/she is obliged to inform the Provider without undue delay of any change in his/her Personal Data.

7.6. If the processing of the Client's Personal Data is entrusted to a third party, the Provider will inform the Client of this fact.

7.7. Personal data will be processed in electronic form in an automated manner or in paper form in a non-automated manner.

7.8. In the event that the Client believes that the Provider or the Processor carries out processing of his/her Personal Data in conflict with the protection of the Client's private and personal life or with the law, in particular if the Personal Data are inaccurate with respect to the purpose of its processing, the Client may:

• ask the Provider or the Processor for an explanation,
• require the Provider or the Processor to remedy the shortcomings.

7.9. If the Client requests information about the processing of his/her Personal Data, the Provider is obliged to provide him/her with this information.

8. FINAL PROVISIONS

8.1. All relations between the Client and the Provider governed by these Terms and Conditions and arising from the Contract are regulated by Czech legislation and generally binding legal regulations.

8.2. The Contract, including the Terms and Conditions effective at the time of its conclusion, is archived by the Provider in electronic form.

8.3. By signing the attendance list, the Participant confirms that he/she has understood the content of the Training within the scope of its curriculum, has been informed of the obligation to respect the instructions of the Provider's tutor and the responsibilities for non-compliance and violation of safety instructions and the operating rules of the respective Polygon.

8.4. Provider's contact details: SINGING ROCK s.r.o., Poniklá 317, 514 01 Poniklá, e-mail address polygon@singingrock.cz, telephone +420 607 008 805.

8.5. Other rights and obligations of both parties hereto not set out in these Terms and Conditions or in the Contract shall be governed by the law of the Czech Republic, in particular the relevant provisions of Act No. 89/2012 Coll., the Civil Code, the Consumer Protection Act No. 634/1992 Coll., as amended.

Mutual disputes between the Provider and the Client shall be settled by the general courts. Supervision of the protection of Personal Data is exercised by the Office for Personal Data Protection. The Czech Trade Inspectorate supervises, inter alia, compliance with Act No. 634/1992 Coll., on Consumer Protection, as amended.

If the Client is a consumer, the Czech Trade Inspectorate, with its registered office at Štěpánská 567/15, 120 00 Prague 2, ID: 000 20 869, Internet address: http://www.coi.cz, http://adr.coi.cz/csis competent for out-of-court settlement of consumer disputes arising from the Contract Consumers may contact dTest, o.p.s. for advice on their consumer rights via www.dtest.cz/poradna or by telephone 299 149 009. Consumers can also use the online dispute resolution platform set up by the European Commission at http://ec.europa.eu/consumers/odr/.