General Terms and Conditions
These are the General Terms and Conditions (hereinafter referred to as "Conditions" or "GTC") of Útěkáři, with its registered office at Rybníček 43/12, 78401 Litovel, Company ID No. 25856243, registered in the commercial register under file No. C 22373 maintained by the Regional Court in Ostrava, email info@utekari.cz, podpora@utekari.cz.
Hereinafter "We", also "Seller" or "Provider") regulate, in accordance with the provisions of Section 1751, paragraph 1 of Act No. 89/2012 Coll., the Civil Code, as amended (the "Civil Code"), the mutual rights and obligations of you, as buyers, and us, as sellers, arising in connection with or based on a purchase contract (the "Contract") concluded through the e-shop on our website Utekari.cz.
All information about the processing of your personal data is contained in the Personal Data Processing Principles, which you can find here.
The provisions of these Conditions are an integral part of the Contract. The Contract and Conditions are drawn up in Czech.
We may unilaterally change or supplement the wording of the Conditions.
This provision does not affect the rights and obligations that arose during the validity of the previous version of the Conditions.
We communicate primarily remotely (electronically via email, telephone, etc.). Therefore, for our Contract, too, remote communication means are used, which allow us to agree without our and your simultaneous physical presence, and the Contract is thus concluded remotely through our e-shop, specifically through the website interface (i.e., the "e-shop web interface").
If any part of the Conditions contradicts what we have jointly approved during your purchase process on Our e-shop, that specific agreement will take precedence over the Conditions.
1. SOME DEFINITIONS OF TERMS
Total Price is the amount you pay for the Services (Games); In the e-shop, we always state the Total Price of the product, including any shipping and additional services (packaging). For some Products (Gift Vouchers), you can choose 2 shipping options: 1) Electronically, i.e., at a price without packaging and shipping, or 2) by mail in gift packaging, i.e., including the price for shipping and packaging. For other products (Games), no shipping cost is charged.
The Total Price includes VAT and other related fees.
VAT is value added tax according to applicable legal regulations;
Invoice is a tax document issued in accordance with the Value Added Tax Act for the Total Price;
Provider in these Conditions means Útěkáři s.r.o. providing Services (Games).
Customer in these Conditions means a person who concludes a contract for the order of Services with the provider in the manner described.
Consumer in these Conditions means a natural person who consumes the Provider's services and does not resell them.
User in these Conditions means a person who uses any of the Provider's Services. The User does not necessarily have to be a Player or a Customer.
Player in these Conditions means a person who actively participates in the Game, i.e., the selected Service of the Provider. The Player uses an interactive web application and thus actively participates in an outdoor escape game with the aim of finding solutions to individual tasks and completing the game. The Player can be alone or part of a team. The Player does not necessarily have to be the Customer.
Order is your irrevocable proposal to conclude a Service provision Contract with Us (Provider);
You are the person purchasing from Our e-shop, referred to by legal regulations as the buyer, also the Customer;
Services for the purposes of these conditions means primarily the provision of digital content in the form of Games.
Digital content is a set of data provided to the Customer in digital form within their User Account through an interactive application.
Games. Games in these conditions refer to escape games (specific digital content) that we mediate to you using our interactive web application and which are available on our e-shop/website.
Website in the conditions means the Provider's internet website, i.e., Utekari.cz.
Web application is an interactive web digital application, available from our website (Utekari.cz), which serves to mediate Services (playing) of purchased Games.
Technical requirements are requirements for the software and hardware equipment of mobile devices for using the web application by the user/player. The minimum technical requirements are set by the provider on its website together with other technical specifications related to digital content.
Gift Voucher entitles its holder to draw on the Provider's Service in the form of a specific Game for which the voucher is issued. The Provider always sends the Gift Voucher to the customer in electronic form via email. If the customer ordered the Gift Voucher variant in gift packaging, the Provider will send, in addition to its electronic variant, also a printed form of the Gift Voucher to the Customer's address by a contractual carrier.
2. General provisions and instructions
These general terms and conditions set out the rights and obligations between the contracting parties for the provision of specified services and their use by users.
All contractual relationships are in accordance with Czech law. If any relationships are not regulated in the terms and conditions, they are governed by valid laws including the Civil Code, the Consumer Protection Act, the Personal Data Protection Act, the Copyright Act, and other related regulations. These contractual relationships are also subject to the legal regulations of the European Union.
The Customer undertakes to ensure that he/she and all persons to whom he/she allows the use of the Provider's services (playing the Game), Players, by granting a sublicense, are older than 16 years.
The Provider reserves the right to change or supplement the terms and conditions without prior notice, but the rights and obligations that arose during the validity of the previous terms and conditions are not affected. The legal relationships from the contract are governed by the terms and conditions that were valid at the time of concluding the contract.
The Provider archives the terms and conditions only in electronic form. It is not freely accessible.
By approving these GTC during the conclusion of the contract, the customer confirms that they have familiarized themselves with these terms and conditions and agree to them in the version valid at the time of sending the order. Furthermore, the user confirms that they have understood all provisions and that there are no ambiguities.
The terms and conditions are an inseparable part of the purchase contract.
The Customer must ensure that all users (Players) who use the services meet the conditions for using the services according to these terms and conditions, are familiar with their content, and agree to comply with them.
If the user is not the person playing the Game (Player), the provisions of the GTC that relate to rights and obligations in connection with playing the Game (specific services) do not apply to him. However, this does not affect his obligation to ensure compliance with obligations towards other users (Players) who use the game under his sublicense.
If special contractual conditions are provided for other services, these contractual conditions take precedence over the terms and conditions.
The purchase of services (Games and Gift Vouchers) is only possible through the e-shop web interface.
When purchasing services, it is your duty to provide us with all information correctly and truthfully. The information you provided to us when ordering services will be considered correct and truthful.
3. CONCLUSION OF CONTRACT
The contract with Us can only be concluded in Czech.
The contract is concluded remotely through the e-shop, with the costs of using remote communication means being borne by You (the Customer). However, these costs do not differ in any way from the basic rate you pay for using these means (i.e., especially for internet access), so you do not have to expect any additional costs charged by Us beyond the Total Price. By submitting the Order, you agree that we use remote communication means.
In order for us to conclude the Contract, you must create an Order in the e-shop.
The Order must include the following information:
During the creation of the Order proposal, you can change and check individual data until its creation.
After checking, by clicking the "Pay" button, you create the Order.
By paying for your Order, you confirm that you have read and agree to these Conditions and your interest in concluding a contract with the Provider.
We will confirm your Order as soon as possible after it is delivered to Us by a message sent to your email address provided in the Order. The confirmation will include a summary of the Order. By our confirmation of the Order, a Contract is concluded between Us and You. The Conditions in the version effective on the date of the Order form an integral part of the Contract.
In the event that a clearly incorrect Price is listed in the e-shop or in the Order proposal, we are not obliged to deliver the Services to you at this Price, even if you have received an Order confirmation and thus a Contract has been concluded. In such a situation, we will contact you immediately and send you an offer to conclude a new Contract in an amended form compared to the Order. In such a case, the new Contract is concluded at the moment you confirm Our offer. If you do not confirm Our offer within 3 days of its dispatch, we are entitled to withdraw from the concluded Contract. A clear error in the Price is considered, for example, a situation where the Price does not correspond to the usual price at other sellers or a digit is missing or redundant.
In the event that a Contract is concluded, you incur an obligation to pay the Total Price.
In some cases, we allow you to use a discount for the purchase of the Service. To receive a discount, you must fill in the details of this discount in the designated field within the Order proposal. If you do so, the Service will be provided to you at a discount.
4. PRICING AND PAYMENT TERMS, RESERVATION OF TITLE
All prices for the provision of individual services are contractual.
The Total Price is always stated within the e-shop, in the Order proposal, and of course in the Contract. In case of discrepancy between the Price stated for the Services (Games) within the e-shop and the Price stated in the Order proposal, the Price stated in the Order proposal will apply, which will always be identical to the price in the Contract.
The Customer acknowledges that the prices listed on the website are set as the Price for the Game for one team. This also applies to purchased Gift Vouchers. Unless otherwise stated by the Provider, one team can consist of an unlimited number of players (Users).
The Total Price includes VAT and all fees stipulated by law. The Customer acknowledges that the Provider is not a VAT payer.
The Total Price is quoted in Czech crowns.
We will require payment of the Total Price from you before providing the Service. You can pay the Total Price only by the following methods:
- Online card payment. In this case, the payment is made via a secure payment gateway, and the payment is governed by the terms of this payment gateway.
In the event that the user requests the issuance of a tax document (invoice), they are obliged to contact the provider via the provider's email address podpora@utekari.cz or info@utekari.cz and inform them of this fact.
Users of the services have no intellectual property rights associated with the provider's rights, with the exception of a non-transferable personal right to use the services in accordance with the terms and conditions. Users may not use the provider's logos and graphics or the name "Útěkáři" without the prior written consent of the provider, except in cases where it is for the promotion of the provider. Users also do not have the right to create derivative works from the application, software, or websites, unless the contracting parties agree otherwise.
When using the services, the user is obliged to comply with applicable legal regulations, including copyright law, and to avoid any infringement of copyright and intellectual property rights. Copyright infringement may be penalized according to applicable legal regulations.
The provider respects the intellectual property rights of others and encourages users to do the same. If anyone believes that their copyrighted work has been published on the provider's website or in the application in violation of copyright, they can notify the provider by email, in writing, or by telephone.
5. PROVISION OF SERVICES
The provision of the service, specifically the Game, consists of making the digital content available for a certain period for its use. The Game is mediated to the Customer via email, where they will find a code and instructions for launching it through our web application. The provision of the service is carried out immediately after payment of the price.
The delivery time of the Service/Game (the time from payment for the Service until the provision of the game launch code) primarily depends on the time required for payment processing by the payment gateway and its verification by our e-shop system.
In the event that we are unable to deliver the Game (Service) to you within 30 days of payment for the Service, for any reason, both We and You are entitled to withdraw from the Contract.
The Provider undertakes to provide services without defects, of average quality, with the stipulated or usual characteristics so that the services can be used according to the contract or its purpose.
The Provider may change, suspend, or cancel any part of the offered services at any time without restriction. The Provider may also restrict certain functions offered through its services without prior notice. The offered services are delivered to the user through a web application available on the e-shop website (Utekari.cz), which the provider may automatically update as soon as a new version is available.
The User acknowledges that each contract concluded according to these Conditions grants the user the right to play the game only once. The game cannot be started again if it has already been launched.
The Provider has the right to interrupt or limit the availability of services at any time, for example, during updates or system maintenance. It may also change, add, or remove application features without the user's consent.
The Provider is not responsible for the unavailability of services caused by public telecommunication service providers or the technical condition of the user's mobile device.
The user must ensure their own internet connection and appropriate technical equipment for using the provider's services. Basic technical equipment requirements are listed on the provider's website.
By agreeing to the terms and conditions, the User acknowledges that the use of the Provider's services may be dangerous and that the User may be exposed to risks such as movement in dangerous places or damage to health and property. Therefore, the User is obliged to assess whether they have sufficient conditions for the safe use of the Provider's services, such as weather, physical condition, and terrain.
The User must act cautiously and ensure that their actions do not endanger themselves or others and do not cause damage to property or health to themselves or anyone else.
The Provider is not responsible for damage to property or injury to health that arises in connection with the use of its services, and the User agrees to bear all responsibility for such damages and injuries.
The User undertakes not to infringe on the rights of others and not to abuse the services when using them. The User also has the right to terminate the use of the services or any part thereof at any time, without prejudice to the obligations arising from already concluded contracts.
A Gift Voucher entitles its holder to draw on the Provider's Service in the form of a specific Game for which the voucher is issued.
The Gift Voucher is valid for 1 year from its issuance, i.e., its sending in electronic form via email to the Customer.
If the Gift Voucher is not redeemed by the end of its validity period, the right to redeem it, respectively, to receive a specific Provider Service, i.e., playing the selected Game, expires.
A Gift Voucher can only be used once, i.e., for one Game.
A Gift Voucher is not exchangeable for money.
In case of loss or theft of the Gift Voucher, the Purchaser of this Gift Voucher must immediately notify the Provider of this fact. The original Purchaser has the right to be issued a replacement Gift Voucher if the Gift Voucher has not yet been redeemed. To issue a replacement Gift Voucher, the Purchaser must know its code or provide other details that will lead to the identification of the specific Order, or Gift Voucher. The replacement voucher is sent by the Provider only in electronic form and is free of charge.
The Provider is not responsible for the use of the Gift Voucher, Game or other Service by an unauthorized person.
6. WITHDRAWAL FROM THE CONTRACT
The User agrees to and requests the provision of the service and digital content by the Provider. This consent is given in accordance with the provisions of Sections 1823 and 1837 of the Civil Code. The User requests that the digital content be delivered before the expiry of the withdrawal period from the contract under Section 1820 (1) of the Civil Code.
The Purchaser acknowledges that if they conclude a distance contract, they have the right to withdraw from the contract without giving a reason within 14 days from the date of concluding the contract. However, if the consumer expresses consent to the provision of the service or the delivery of digital content before the expiry of this period, they do not have the right to withdraw from the contract.
As for digital content, there is no right to withdraw from the contract if it was delivered before the expiry of the withdrawal period and was not delivered on a tangible medium. If the consumer withdraws from the contract, but the provider has already started fulfilling based on the consumer's explicit request, the consumer must pay a proportionate part of the agreed price.
The delivery of digital content is understood here as sending an email with the necessary information to start the game, not starting or completing the game by the user. Therefore, the user has the right to withdraw from the contract only if the performance in the form of digital game content has not yet been delivered to them via the web application. However, the user still has the right to complain about the purchased goods in case of malfunction of the digital content (Game).
To exercise the right to withdraw from the contract, the consumer must inform the provider of their withdrawal from the contract by means of a unilateral legal act (for example, a letter sent through the postal service operator to the provider's registered office address or an email to podpora@utekari.cz or info@utekari.cz). In such cases, the consumer must clearly state that they are withdrawing from the contract and provide the provider with the order number.
For withdrawal from the contract, it is necessary to send the withdrawal before the expiry of the specified period. If the contract is withdrawn, the contract is cancelled from the beginning and the Provider must immediately terminate the provision of the service and refund the money to the user. As for withdrawal from the contract by users who are not consumers, the general provisions of the Civil Code apply.
The Provider may withdraw from the contract in case of unavailability of services, significant changes, force majeure, failure to deliver services within the specified period or price, and in case of obvious verbal or numerical errors in the price of services.
If the Provider withdraws from the contract, they must inform the Purchaser and refund all monetary funds realized within the contract.
7. RIGHTS FROM DEFECTIVE PERFORMANCE (COMPLAINTS)
This article applies only to the consumer's rights regarding defective performance. For users who are not consumers, other provisions of the Civil Code apply.
The Provider and the consumer have obligations and rights regarding defective performance determined by generally binding legal regulations. If the services or digital content are not delivered in accordance with the contract, they have a defect. In such a case, the provider must resolve the defect. If the consumer reports a defect later than two years from the provision of the service, the right to defective performance may not be recognized.
If the provider sells digital content (in our case, a Game), it must have the properties agreed upon by the parties, or properties described by the provider or manufacturer.
Unless otherwise agreed, the digital content must have the properties that were expected by the purchaser based on its nature, the Provider's advertisement, or the offered trial game.
The digital content must be suitable for the purposes stated by the provider, or for the purposes for which digital content is usually used. The quantity and quality of the digital content must be appropriate.
If digital content is provided at a lower price, it is possible that the above provisions will not apply to it if the price was reduced due to a certain defect. If a defect manifests itself within six months of acceptance, it is considered that the defect already existed at the time of acceptance.
If the performance does not have the corresponding and expected qualities according to the GTC, the purchaser may also demand the provision of new, defect-free performance, if this is not disproportionate given the nature of the defect. If the defect concerns only a part of the performance, the user may demand only the replacement of a part of the performance or, if this is not possible, may withdraw from the contract. However, if this is disproportionate given the nature of the defect, especially if the defect can be removed without undue delay, the purchaser has the right to free removal of the defect, provision of new performance, or a reasonable discount. The purchaser may also demand a reasonable discount if the Provider cannot provide them with new, defect-free performance.
The purchaser is obliged to notify the Provider of a defect in the performance without undue delay after encountering such a defect, in writing to the Provider's address or electronically via email:
A user who has a legitimate right to complain about defective performance also has the right to compensation for the costs incurred in exercising this right. The right to complain does not exclude the right to compensation for damages, but the user cannot claim compensation for the same matter on a different legal basis.
The Provider must confirm the complaint and its content, the requested resolution, and then also the date and method of resolving the complaint, including a possible justification for rejecting the complaint, in writing or by email. The Provider must decide on the complaint immediately, in complex cases within three working days, and the complaint must be handled without undue delay, no later than 30 days from the date of filing the complaint. If the complaint is rejected, the user must be informed of the reason for rejecting the complaint within the 30-day period.
8. DISPUTE RESOLUTION
We are not bound by any codes of conduct towards buyers in the sense of Section 1826 (1) (e) of the Civil Code.
We handle consumer complaints via the email address podpora@utekari.cz or info@utekari.cz. We will send information about the complaint resolution to the buyer's email address.
The Czech Trade Inspection Authority, with its registered office at Štěpánská 567/15, 120 00 Prague 2, Identification Number: 000 20 869, internet address: http://www.coi.cz, is responsible for out-of-court resolution of consumer disputes arising from the Contract. The online dispute resolution platform located at the internet address http://ec.europa.eu/consumers/odr can be used to resolve disputes between the seller and a buyer who is a consumer, arising from a purchase contract concluded by electronic means.
The European Consumer Centre Czech Republic, with its registered office at Štěpánská 567/15, 120 00 Prague 2, internet address: http://www.evropskyspotrebitel.cz is the contact point according to Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC (Regulation on online dispute resolution for consumer disputes).
9. FINAL PROVISIONS
The relationship between us (the Provider) and you (the Purchaser) will be governed by the law of the Czech Republic, if it contains an international element. If you are a consumer, your rights established by legal regulations will not be affected by this agreement.
All written correspondence will be delivered electronically, i.e., by email.
In the event of force majeure (pandemic, natural disaster, etc.), we are not responsible for any damage, and if this condition lasts longer than 10 days, both we and you (the Purchaser) have the right to withdraw from the contract.
We may reasonably change these terms and conditions due to changes in applicable laws or service improvements. The contract, including the GTC, is archived by the Provider in electronic form.
These terms and conditions are part of the contract, and if any provision is not valid or effective, it will be replaced by a provision with the closest equivalent meaning.
The User undertakes to regularly check these terms and conditions. If they do not agree, they should stop using the services. The Provider undertakes to inform about changes to the terms on its website, and changes will not be applied retroactively. The current wording of the GTC will be available here: https://utekari.cz/pages/vseobecne-obchodni-podminky.
The Purchaser undertakes to regularly check the wording of the GTC.
If the GTC are violated by the purchaser, the Provider does not waive its rights, even if it does not react to such violations.
If the Purchaser expresses their disagreement with the terms and conditions, they are not authorized to continue using the provider's services, unless otherwise individually agreed with the Provider.
These Terms become effective on August 19, 2023.