Consent

You hereby grant

CONSENT TO THE PROCESSING OF PERSONAL DATA

by the company

Realitní advokáti s.r.o.

with registered office at Štěpánkova 585/10, Prague 5, postal code 155 00

ID No.: 09752421

registered in the Business Register kept at the Municipal Court in Prague under No. C 341603 (hereinafter “Law Office“)

represented by

JUDr. Ilona Černochová, LL.M., lawyer,

ID No.: 71346066, registered office at Štěpánkova 585/10, Prague 5, postal code 158 00, registered in the list of lawyers maintained by the Czech Bar Association under reg. No. 13064

(hereinafter “the Lawyer“),

in accordance with Article 6, par.1(a) and Article 7 of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46 / EC (“GDPR“)

to process personal data provided by you.

  1. Your email address, or name, surname, and telephone number (hereinafter “Personal Data”) will be processed for inclusion in the database for sending news and marketing communications, in the form of emails informing about news and interesting facts in the field of real estate law. The granting of this consent is not a contractual requirement of the Lawyer and is not conditional on the continuation of any contractual relationship between you and the Lawyer. The Lawyer will not provide the Personal Data you provide to recipients in third countries or international organizations.
  2. You hereby grant your consent for a period of 10 years, unless you renew it.
  3. The processing of Personal Data is carried out by the Lawyer, i.e., personal data administrator. However, Personal Data can also be processed for the Lawyer by these processors:
    • providers of data storage and software applications.
  4. Your consent can be withdrawn at any time, by a written request sent to the Lawyer’s address or by clicking on the link in the relevant email. Withdrawal of consent will result in the cessation of any commercial communications.
  5. After the expiration of consent, your Personal Data will be deleted unless there is another legal reason for their further processing.
  6. In accordance with the provisions of the GDPR, you may exercise the rights that belong to you as data subjects. Your rights are specified in more detail in the Privacy Policy.
  7. The correct operation of the processing of your Personal Data is supervised by the supervisory body – the Office for Personal Data Protection, to which you have the right to file a complaint against the processing at the address: www.uoou.cz.

 

GENERAL TERMS AND CONDITIONS

for the Provision of Legal Services

  1. INTRODUCTION
    • These General Terms and Conditions for the Provision of Legal Services (hereinafter “Conditions“) are governed by Act No. 89/2012 Coll., The Civil Code, as amended (hereinafter “the Civil Code“) and Act No. 85/1996 Coll., On Advocacy, as amended (hereinafter “ZoA“).
    • These Conditions regulate mutual rights and obligations in the provision of legal services by:

Realitní advokáti s.r.o.

with registered office at Štěpánkova 585/10, Prague 5, postal code 155 00

ID No.: 09752421

registered in the Business Register kept at the Municipal Court in Prague under No. C 341603 (hereinafter “Law Office“)

represented in this case

JUDr. Ilona Černochová, LL.M., managing director, mobile: +420 604 171 941, email: ilona@realitniadvokati.cz

and/or

Mgr. Jan Zajíček, managing director, mobile: +420 604 878 369, email: jan@realitniadvokati.cz

Client.

(the Law Office and the Client both hereinafter “Parties“)

  • These Conditions apply exclusively to contracts concluded between the Parties using the electronic form of the Law Office, via the email of the Law Office listed on the Web or by telephone. These Conditions do not apply to contracts concluded in another way between the Law Office and the Client.
  • For the purposes of these Conditions, in addition to the terms listed in these Conditions, the following definitions of basic terms apply:

“Client” – a natural or legal person who enters into a contract with the Law Office for the provision of legal services using an electronic form or via the Law Office’s email or by telephone;

“Electronic Form” – a form in electronic form, by means of which the Client orders Packages of Legal Services from the Law Office, and which is published on the website https://www.realitniadvokati.cz/ or the website https: //www.ilonacernochova.cz (any of them hereinafter the “Web“);

“Packages” – packages of legal services that summarize the essential legal acts related to the sale or purchase of real estate – house, apartment, or land, at a specific price indicated for the relevant package of legal services;

“Legal Service” – legal service that will be provided to the Client on the basis of his Order, which will be communicated to the Law Office via the Electronic Form for Packages, by email or by telephone;

“Remuneration” – a financial reward for the provision of Legal Services to the Client, which is stated in the current price list on the Web, for individual Packages, or stated in a specific Law Office Offer made to the Client;

“Real Estate Lawyer” – a managing director of the Law Office, another lawyer authorized by the Law Office, or a trainee lawyer authorized by a lawyer, providing Legal Service. In justified cases, other employees of the Law Office may also partially participate in the provision of Legal Service. They are then also reasonably deemed to be Real Estate Lawyer.

  • The Client acknowledges that the Articles and News, or the Blog on the Web, serve the Client only to understand a given issue better and that its purpose is not to provide the Client with any legal service.

 

  1. SUBJECT OF COMMITMENT BETWEEN THE PARTIES
    • The Law Office undertakes to provide the Client with Legal Service under these Conditions, and the Client undertakes to pay the Law Office a Remuneration for given Legal Service.
    • The specific content of Legal Service to be provided to the Client will be specified by the Client in the Electronic Form for individual Packages or via email sent to the Law Office or by telephone communication with the Real Estate Lawyer (hereinafter “Order“), or subsequently in the Acceptance.

 

  1. CONCLUSION OF CONTRACT
    • Legal Service will be provided to the Client on the basis of a concluded contract for the provision of legal services with the Law Office (hereinafter “the Agreement”).
    • The Client first makes an Order, which the Law Office confirms via email sent to the Client, stating the basic terms and conditions of cooperation in which it summarizes, in particular, the requested Legal Service by the Client, the amount of remuneration for the Legal Service, request for documents necessary for the provision of this Legal Service and the time frame for the provision of the Legal Service (hereinafter “Offer“).
    • The Offer of the Law Office is accepted by the Client at the moment when the Client expressly confirms the Offer by email sent to the Law Office, by another legal act made by email to the Law Office intended to initiate cooperation with the Law Office for the purpose of providing Legal Services, documents, other information, etc. (hereinafter “Acceptance“), or both. At this moment, the Agreement is concluded.
    • The content of the Agreement consists of the information provided by the Client in the Order, the Acceptance, the documents sent by email to the Law Office, and the conditions specified in these Conditions and the Offer. The Agreement thus becomes legally binding for the Client and the Law Office.
    • By sending the Electronic Form for Packages or by Order via email or telephone, the Client confirms that he has read the entire content of these Conditions and agrees with their content. The Client also confirms that the Law Office has provided him with the necessary information in a comprehensible manner well in advance before entering into the Agreement using the Electronic Form or via email in accordance with the provisions of § 1811 par. 1 and 2 of the Civil Code, in particular:
        • the name and registered office of the Law Office, including contact details (telephone, email address);
        • the designation of the Legal Service to be provided, including all its main characteristics, this information is stated in particular in the description of the Package selected by the Client on the Web, in the Law Office‘s Offer and further in these Conditions;
        • the price of the Legal Service, or the method of its calculation, which results in particular from the specific Legal Service Package selected by the Client and from the Offer;
        • the form of payment and the method of performance by the Law Office, which is set out in detail in these Conditions;
        • delivery costs may be charged subsequently;
        • information on the rights arising from non-performance in connection with the provision of Legal Service as set out in detail below in these Conditions;
        • an indication of the duration of the Agreement concluded on the basis of confirmation of the Offer by email from the Client and the conditions of its termination if the contract is to be concluded for an indefinite duration, which is stated in detail below in these Conditions.
    • By sending the Acceptance, the Client confirms that he is competent and authorized to enter into the Agreement under the conditions specified in this article. If the Client is a natural person, he expressly confirms by sending the Acceptance that he is fully competent. If the Client is a legal entity, the natural person sending the Acceptance on behalf of the Client confirms that he is authorized to represent him in this matter; otherwise, he is liable for any damage caused.
    • The Client is obliged to state all personal information truthfully in the Order, Acceptance, or both and acknowledges that the Law Office does not bear any responsibility in cases where any of the personal information provided by the Client proves to be false.
    • In the event that the Client, who is a consumer, confirms to the Law Office its Offer, it applies that by this Acceptance he hereby expressly requests that the Law Office provides Legal Service before the expiry of the period for withdrawal from the Agreement pursuant to § 1829 par. In such a case, the Client may not withdraw from the Agreement if the Legal Service was provided to him before the expiry of the 14-day period for withdrawal from entering into the Agreement.

 

  1. METHOD OF PROVISION OF LEGAL SERVICE
    • The Law Office will provide the Client through the Real Estate Lawyer Legal Service under Czech law based on the Client’s requirements specified by the Client in his Order and Acceptance and within the time period (running only on working days) communicated to the Law Office in the Offer, provided that there are no unforeseen circumstances outside the sphere of influence of the Law Office which objectively prevent the provision of Legal Service (so-called force majeure).
    • The Real Estate Lawyer will provide Legal Service using the necessary expertise and with due care. To this end, the Client undertakes to provide all the required cooperation during the provision of Legal Services, particularly to communicate in a timely manner all relevant information relating to his case and provide the necessary documents, sufficiently in advance with regard to statutory and other deadlines.
    • The deadlines communicated to the Law Office for the provision of Legal Services may be extended appropriately if the Client incorrectly or incompletely provides any of the required information in the Order, Acceptance, or both, or fails to provide the necessary documents until the Client remedies this situation.
    • The Client acknowledges that the Real Estate Lawyer bases the provision of Legal Service on information and documents provided by the Client in the Order, Acceptance, or both. The Real Estate Lawyer is under no obligation to verify this information or the documents submitted by the Client. The Real Estate Lawyer/Law Office is not liable to the Client for any damage caused as a result of the incorrect or incomplete provision of information or documents specified in the Order, Acceptance, or both. For the avoidance of any doubt, it is agreed that this article applies to all factual and other information and data required of the Client, particularly all information provided by the Client in the Order, Acceptance, including data entered in the land register. The Client further acknowledges and agrees that the Law Office/Real Estate Lawyer:
        • never verifies the factual correctness and authenticity of the information provided by the Client,
        • never verifies the authenticity of the signatures on the documents or the authenticity of the documents submitted,
        • does not verify the legal capacity of the parties to enter into a contract, and
        • reviews or prepares a given document only in terms of the purpose stated by the Client in the Order, Acceptance, or both.
    • The Client acknowledges that when providing Legal Service, the Real Estate Lawyer draws on available data in public registers and lists (e.g., land register, insolvency register, business register, etc.) and that he is therefore not responsible for any inaccuracy of the data contained therein.
    • The Client further acknowledges that the Real Estate Lawyer may not, in any proceedings, provide information or propose evidence that he knows to be false or misleading, even at the Client’s behest. The Client acknowledges that the Real Estate Lawyer is bound by the Resolution of the Board of Directors of the Czech Bar Association No. 1/1997 of the Bulletin of 31 October 1996, the “Code of Ethics,” and that legal services may be provided only in a manner consistent with the Code of Ethics.
    • The Law Office/Real Estate Lawyer is bound by the obligation of confidentiality deriving from the ZoA and the statutes governing the practice of advocacy. Information, circumstances, and documents directly related to Legal Service or its provision are confidential and may not be disclosed by the Real Estate Lawyer to a third party without the Client’s consent.
    • The Client acknowledges that the Law Office is entitled to reject his Order after preliminary assessment before entering into the Agreement.
    • The Client acknowledges that the provision of Legal Services in accordance with the Agreement is contingent upon accurate, complete, and truthful information provided by the Client in the Order, Acceptance, or both to the extent necessary for the assessment of the Client’s case, the attachment of all the required documents and the provision of other necessary cooperation on the part of the Client. If the Client fails to fulfill any of the obligations set out in the previous sentence, in particular, if he does not provide all the necessary cooperation, even at the request of the Law Office/Real Estate Lawyer, the Law Office has the right to terminate the Agreement without notice.
    • The Client acknowledges that the Law Office usually provides its services remotely, i.e., via email or telephone. A personal meeting between the Real Estate Lawyer and the Client for the purpose of providing Legal Service can be arranged on the basis of the Client’s request under individually agreed conditions.
    • Legal Service is deemed to have been provided when the Real Estate Lawyer sends the Client, to his email specified in the Order, documents corresponding to the Legal Service confirmed by the Client’s Acceptance.

 

  1. REMUNERATION AND PAYMENT OF LEGAL SERVICE
    • The specific amount of Remuneration for the provision of Legal Service is stated on the Web or in a specific Offer of the Law Office addressed directly to the Client. The amount of Remuneration is final, including, where applicable, value-added tax at the applicable rate, but excluding other taxes, fees, administrative fees, stamp duties, or unforeseen costs that may arise in the course of the provision of Legal Service. These potential costs will be charged to the Client upon prior agreement.
    • The Client is obliged to pay the Remuneration for the provision of Legal Service after being sent the draft documents corresponding to the provided Legal Service confirmed by Acceptance, on the basis of the tax document sent in electronic form, and the due date of the Remuneration will be stated on the relevant tax document.
    • The law Office is entitled to demand advance payment from the Client on the Remuneration, prior to the commencement of the provision of Legal Service, on the basis of an advance tax document sent to the Client in electronic form, the due date of which will be stated on the relevant advance tax document. The Client acknowledges that the Law Office will not commence the provision of Legal Service until the advance payment for the Remuneration has been duly paid. In the event of the Client’s delay in delivering the advance payment on the Remuneration for a period longer than 30 days, the Law Office is entitled to terminate the Agreement without notice, without prejudice to the right to a contractual penalty and compensation in excess of the contractual penalty.
    • In the event of non-payment of the Remuneration or advance payment on the Remuneration duly and on time, the Law Office is entitled, on the first day of delay in payment of the Remuneration, to a contractual penalty of 0.5% of the amount due for each day of delay, without prejudice to the Law Office’s right to compensation in excess of the contractual penalty.

 

  1. TERMINATION AND WITHDRAWAL FROM CONTRACT
    • The Client, who is a consumer, is entitled to withdraw from the Contract without giving a reason, within 14 days from the date of its conclusion, in accordance with the provisions of § 1829 of the Civil Code, with the exception specified in Article 3.8.
    • The Law Office has the right to terminate the Agreement for the reasons stated in § 20 of the ZoA, among other things, if the interests of the Law Office and the Client conflict in a particular case or conflict with those of individual clients of the Law Office in a particular case (conflict of interest.) The Client is entitled to terminate the Agreement in accordance with the provisions of § 20 par. 4 of the ZoA. In the event of termination of the Agreement, the Law Office will return by a non-cash transfer to the Client’s account the already paid Remuneration for the Legal Service, which has not yet been provided.
    • The Law Office and the Client expressly agree that the Law Office is not obliged to perform urgent actions on behalf of the Client after the termination of this Agreement within the meaning of § 20 par. 6 of the ZoA.
    • If there is a withdrawal from the Agreement and if Legal Service has already been provided at least in part, the Client is obliged to pay a proportional part of the Remuneration for the Legal Services provided up to the time when the withdrawal from the Agreement was delivered to the Law Office. This also applies in the case of termination of the Agreement if Legal Service has already been provided at least in part. With regard to the nature of the services provided, the Client acknowledges that the collection of supporting documents for the response to the Client must be considered a partial provision of Legal Service if the outputs from this activity are subsequently sent to the Client. The amount of the Remuneration for a partially provided Legal Service will depend on the actual time spent by the Real Estate Lawyer on the provision of Legal Service and the hourly rate of the Law Office stated on the Web or in a specific Offer.
    • For the purposes of exercising the right to withdraw from the Agreement, the Client must inform the Law Office of his withdrawal from the Agreement, by means of a unilateral legal act (for example, by letter sent through the postal service provider or by email). The Client may use the sample form for withdrawal from the Agreement (which is an annex to these Conditions), but it is not his obligation. In order to comply with the withdrawal period from the Agreement, the withdrawal from the Agreement must be delivered to the Law Office on the last day of the relevant period.
    • If the Client withdraws from the Agreement, the paid Remuneration (or a proportional part – see above) will be returned to him without undue delay, no later than 14 days from the date on which the Law Office received the notice of withdrawal from the Agreement. No costs will be charged to the Client in connection with the refund.

 

  1. Rights from Non-performance
    • The Client is entitled to exercise the rights arising from non-performance under the Civil Code, and the conditions set out therein, via the email of the Law Office.
    • Exercising the right from non-performance (hereinafter “Complaint“) must always include the Client’s identification and a description of specific deficiencies. In the exercise of the right arising from non-performance, it must be stated what specifically constitutes the alleged defect of performance on the part of the Law Office and what specific right is exercised by the Client under the Civil Code. The complaint must always be sufficiently detailed for the Law Office to be able to assess it objectively.
    • The Law Office undertakes to resolve a formal Complaint in accordance with the previous point without undue delay after its delivery. After the Complaint has been settled, the Client will be notified by email of the method of settlement.

 

  1. FINAL PROVISIONS
    • If any provision of the Conditions becomes or is found to be invalid or unenforceable, this will not affect the validity and enforceability of other provisions of the Conditions.
    • The law Office advises the Client that the Czech Bar Association, which is also competent for out-of-court dispute resolution (see www.cak.cz), is the supervisory body responsible for supervising compliance with consumer protection obligations.
    • These Conditions are available on the Web and come into effect on 01.01.2021.

 

Realitní advokáti s.r.o.

represented by JUDr. Ilona Černochová, LL.M., managing director

 

 

FORM FOR WITHDRAWAL FROM THE AGREEMENT FOR THE PROVISION OF LEGAL SERVICES

 

 

Realitní advokáti s.r.o.

with registered office at Štěpánkova 585/10, Prague 5, postal code 155 00

ID No.: 09752421

 

 

Withdrawal from the Agreement for the provision of legal services

 

 

I hereby withdraw from the Agreement for the provision of legal services agreed with your law office to the following extent:

 

Legal service:   _____________________________________________________________

 

__________________________________________________________________________

 

__________________________________________________________________________

 

Date of conclusion of the Contract: _________________________________________________

 

 

 

Signed Client:

 

Name and surname: ___________________________________________________________

 

Address: ___________________________________________________________________

 

Date: ___________________________________________________________________

 

Signature: ___________________________________________________________________

(attach signature only if the form is sent in writing)