Consumer Protection (attachment 2)
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The Platform is intended for business and not for consumer use. Nevertheless, if you are a consumer, i.e. individual acting outside of your trade or independent exercise of a profession and habitually residing within the EU, then the terms of this Attachment apply to you.
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The Provider hereby furnishes consumers with the following information as required by applicable laws:
- Identity of the Provider and the contact details are set out in Article 1 of the Terms and at the Provider’s website at: https://elysai.com.
- The services and their characteristics are set out at the Provider’s website at: https://elysai.com. There the consumer may also find information as to hardware and software requirements, compatibility and interoperability (if available).
- The prices are set out in the applicable pricelist which can be found within the Platform or at the https://elysai.com website. Unless stipulated otherwise, the price includes VAT and any other similar taxes in accordance with applicable laws.
- When accessing the Platform, the consumers bear the costs of their internet connection in accordance with the price list of the respective internet service provider, the Provider charges no connection fees.
- Given the experimental and beta stage nature of the Platform the rights from faulty performance are limited as set out in Article 2.3 of the Terms. Nevertheless, if such limitation is not permitted under any applicable law, the consumer may request the discount on the paid fees proportional to the extent of the fault in performance of the Provider.
- Information as to the duration of the contract and its termination is set out in Article 6 of the Terms.
- Consumer complaints may be lodged with Czech Trade Inspection or similar consumer protection authority at the member state of consumer’s residence.
- The contract can be concluded in English language only.
- The contents of the contract (including price and the Terms) are stored by Provider and can be accessed by the consumer within the user account on the Platform.
- Technical steps to conclude the contract are set within the help section of the Patform’s website. The consumer has the option to review the registration form and correct any errors before submitting the registration form.
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The consumer shall have right to withdraw from the contract without stating a reason within 14 days from the date of completion of the registration to the Platform. To exercise such right it is sufficient to send the notification of such withdrawal to the Provider within the above-mentioned time period. For such notification, the following form can be used:
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To the Provider: I/We hereby give notice that I/We withdraw from my/our contract for the provision of the following service:
Ordered on /received on:
Name of consumer(s):
Address of consumer(s)”
Date:
Signature of consumer(s) (only if this form is notified on paper),
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If the consumer withdraws from the Contract, the Provider shall reimburse to the consumer all payments received from the consumer, without undue delay and in any event not later than 14 days from the day on which the Provider is informed about consumer’s decision to withdraw from the contract. The Provider shall carry out such reimbursement using the same means of payment as the consumer used for the initial transaction, unless the consumer has expressly agreed otherwise; in any event, the consumer will not incur any fees as a result of such reimbursement.
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The Customer has the right to alternative dispute resolution (ADR) of a consumer dispute arising from the Contract. The Czech Trade Inspection is the authority generally entitled to carry out the ADR procedure related to the Contract. The consumer may find more information as to the ADR procedure at the website https://coi.gov.cz/informace-o-adr/. Other ADR providers may be nominated by the Ministry of Industry and Trade; list of such providers may be found at the Ministry’s website https://www.mpo.cz/cz/ochrana-spotrebitele/. Alternatively, the consumer may consult the website European Commission at: https://consumer-redress.ec.europa.eu/dispute-resolution-bodies_en?prefLang=cs.
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The choice of law in Article 7.1 of the Terms shall not have the result of depriving consumers of the protection afforded to them by provisions that cannot be derogated from by agreement by virtue of the law of the country in which they have their habitual residence, provided that the Provider (a) pursues its commercial or professional activities in the country where the consumer has his habitual residence, or (b) by any means, directs such activities to that country or to several countries including that country and these Terms fall within the scope of such activities.
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Notwithstanding the choice of forum in Article 7.2 of the Terms, a consumer domiciled in the EU may bring proceedings against the Provider either in the courts of the Member State in which the Provider is domiciled or in the courts of the place where the consumer is domiciled and proceedings may be brought against the consumer by the Provider only in the courts of the Member State in which the consumer is domiciled.