Learning the consumer

within the meaning of Section 1811 (2) and Section 1820 (1) of Act. 89/2012 Coll. (hereinafter referred to as "Trademarks") (hereinafter referred to as "Lessons")

implemented by companies:

HELIX REALITY CZ s. r. o., with the seat of the 8. pěšího pluku 2380, 73801 Frýdek-Místek, IČO: 27813746, registered in the Commercial Register maintained by the Regional Court in Ostrava, C, v. 30426 and the cooperating company HELIX RENTING s. r. o., with the seat of the 8. pěšího pluku 2380, 73801 Frýdek-Místek, IČO: 27813746, registered in the Commercial Register maintained by the Regional Court in Ostrava, C, v. 30426 and the cooperating company HELIX RENTING s. r. o.

addressed to all prospective clients of the Provider, who are in the position of consumers (see § 419 of the Commercial Code) and who are interested in concluding an Intermediary Contract and a bilateral Agreement on the Filing of a Blocking Deposit (hereinafter referred to as "the Agreement") with the Intermediary (hereinafter referred to as "the Applicant"

The Provider hereby instructs, in accordance with applicable legal regulations, each individual Applicant (in connection with the Contract the Applicant intends to conclude with the Intermediary) that:

  • The contract falls under the CT regime;
  • The subject of the service offered by the Agent is to mediate the sale of real estate / real estate / immovable property / transfer of the share in the corporation, except for the share in the housing cooperative / transfer of the cooperative share, etc. to a third party; or blocking the property that interest is interested in.
  • The contract is concluded for a fixed term, with the possibility of extension (if all parties agree).
  • The draft contract will be sent by e-mail, handed in person or picked up in the office. • The Service Provider's Fee (hereinafter referred to as "the Commission") will be the fixed (flat rate) amount specified in the Agreement.
  • In the event that the Provider is a VAT payer, the Commission will always be subject to value added tax (VAT) within the meaning of the applicable legislation, while the current VAT rate is 21% of the tax base (ie the contracted commission), hence the Obligator will be obliged to pay to the Intermediary both agreed commission and VAT.
  • All costs of the Provider associated with the activity under the Agreement are included in the negotiated provision;
  • The rights of the Applicant for any defective service, as well as the terms of these rights, are governed by the provisions of Section 1914 et seq. Trademarks (in particular, see §§ 1915 to 1916 and 1921 to 1925 of the CT).

Special instruction on the possibility to withdraw from the Contract if it was concluded outside the usual premises of the Mediator (see also § 1828/2 CT):

  • You have the right to withdraw from the Contract (without giving any reason), within 14 days of the conclusion of the Agreement.
  • For the purpose of exercising the right to withdraw from the Agreement, you must inform about your decision to withdraw from this Agreement (insert your name and surname, business name / company name, address and possibly your telephone and fax number and e-mail address) by a unambiguous statement sent via a postal service provider, fax or e-mail). You can use the sample withdrawal form below, but it is not your responsibility.
  • In order to comply with the withdrawal period, it is sufficient to send notice of the exercise of the right to withdraw from the Contract before the expiry of the relevant period.
  • If the Applicant withdraws from a contract for the provision of services and the Intermediary with performance upon the express request of the Applicant commenced before the expiration of the withdrawal period, he shall pay to the Agent a proportionate part of the agreed price for the performance provided up to the moment of withdrawal from the Contract. If the agreed price is disproportionately high, the Procurer shall pay to the Agent a proportionate part of the price corresponding to the market value of the performance provided.

However, we also expressly instruct you (within the meaning of Section 1837 of the CC) that you will not have the right to withdraw

  • from the Intermediary Contract (under the above conditions) if you have requested that the provision of services be started already during the withdrawal period from the Intermediary Contract, while the Intermediary has mediated (no later than the day before the sending of the notice of withdrawal) a person interested in the immovable object under the terms specified in the Agreements.
  • from the Contract for the Filing of a Blocking Deposit (under the above conditions) if you have requested that the provision of services be started already during the withdrawal period, and within this period the purpose of the Contract for the Blocking Deposit has been fulfilled and a contract was signed between the landlord and Applicant.

In such a case, the withdrawal will not be considered (from the point of view of the Provider), regardless of whether you have already been informed by the Provider about the intermediary; which, of course, is without prejudice to the possibility of a court hearing a case.

Model Form for Withdrawal from the Contract:

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Notice of Withdrawal from the Intermediary Contract / Contract on the Deposit Blocking

Addressee (broker): ...

based: ...

e-mail: ...,

I hereby declare that I am hereby withdrawing from the Intermediation Contract / Contract for the Filing of a Blocking Deposit on ... relating to immovable property in the Czech Republic. ...

Your name and surname: ...

Your address: ...

Date: ...

Your signature: (only if this form is sent in paper form)

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At the same time, the applicant has the right to address his complaint (if the Applicant considers that there has been a violation of the consumer's legal rights by the Intermediary) to the Czech Trade Inspection Authority, or to the Municipal Trade Licensing Office of the Provider. In this respect, the Provider also refers the Applicant to the wording of Act No. 634/1992 Coll., On Consumer Protection, as amended.

The applicant has the possibility of out-of-court settlement of any consumer disputes if he is in the consumer's position. Summary information on this issue is available on the Czech Trade Inspection website www.coi.cz. All proposals in consumer disputes between the Provider and the Customer must be sent to the Czech Trade Inspection.

The Privacy Policy of the Provider is published on www.helixreality.cz.

In Frýdek-Místek on 11 May 2018