Information for consumers
within the meaning of § 1810 et seq. of Act no. 89/2012 Coll., of the Civil Code (hereinafter “CC”), An Applicant is a consumer if they are a natural person who concludes a contract with a business entity, or otherwise acts beyond the scope of their business activity or beyond the scope of the independent exercise of their profession.
- The Future Seller, or the subject providing the reservation service, is Trigema Projekt Skvrňany s.r.o., registered office Bucharova 2641/14, Prague 5, Post Code 158 00, Identification Number: 05890659, entered in the Commercial Register maintained by the Municipal Court in Prague under special ref. C 346703, as the owner and builder of the Bydlení Skvrňany [Skvrňany Homes] project. During the conclusion of commercial contracts, Trigema Projekt Skvrňany s.r.o. is represented by Trigema Development s.r.o. on the basis of a Power of Attorney.
- The contact details of the person authorised to negotiate with the Applicant: Jitka Spinlerová, tel. +420 227 355 211 or mobile +420 773 746 660, e-mail spinlerova@trigema.cz
- Within the scope of the Bydlení Brâník project, the Future Seller is offering for sale units whose detailed description (including notes explaining the individual terms used) is set forth here www.byty-skvrnany.cz. At the same time, during the sale process, the Future Seller offers a reservation service, which involves an undertaking by the Future Seller to not offer the subject of the future transfer to another party, and to not conclude a different contract with another party in relation to the sale of the subject of the future transfer. A reservation can also be provided on the basis of a contract concluded remotely (E-Reservation). A description of the apartment purchasing process is set forth here, detailed description of the E-Reservation process (including a description of the option of finding and correcting errors made during data entry) in detail here.
- The price list of the apartments is available here, the price of a reservation is 70,000 CZK (including VAT). The listed prices include all taxes, fees and similar payments (apart from Capital Acquisitions Tax, where such a tax obligation is relevant).
- The method of conclusion of individual contracts (including a detailed description of the individual technical steps leading to the conclusion of a contract in the case of an E-Reservation), the Applicant's payment obligations arising from it, and obligations consisting of the supplying of the property or the fulfilment of obligations arising from the Reservation Agreement, are described here and here.
- All contractual documentation relating to the sale of the property is drawn up in Czech language, and the contract can only be concluded in this language.
- Every concluded contract shall always be supplied to both the Applicant and the Future Seller. If they are interested, the Applicant can view the concluded contract in the Future Seller's premises.
- In relation to the realisation of the transaction, no other costs except the price and the reservation fee, with the exception of the price of any above-standard features required by the Applicant, shall be charged for supplying the property.
- In the event of defective fulfilment (a breach of the undertaking to make a reservation), the Applicant is entitled to withdraw from the Reservation Agreement, and the Future Seller shall refund the reservation fee to them in full.
- The Reservation Agreement is concluded for a period of 14 days from the delivery of the written invitation to conclude the Contract Regarding a Future Contract to the Applicant. The invitation to conclude the Contract Regarding a Future Contract shall be sent by the Future Seller to the Applicant at any time after the Reservation Agreement comes into force and the building permit for the Project becomes legally effective, no later than 30 days after the building permit for the Project becomes legally effective (if the building permit for the Project was not yet legally effective at the time of the conclusion of the Reservation Agreement), or within 30 days from the Reservation Agreement coming into force (if the building permit for the Project was already legally effective at the time of the conclusion of the Reservation Agreement); subsequently, the Contract Regarding a Future Contract should be concluded, and the entire transaction shall be completed by the conclusion of the Purchase Contract and its filing in the Property Cadaster.
- The Reservation Agreement is concluded for a period of 14 days from the delivery of the written invitation to conclude the Contract Regarding a Future Contract to the Applicant. The invitation to conclude the Contract Regarding a Future Contract shall be sent by the Future Seller to the Applicant any time after the Reservation Agreement comes into force and the building permit for the Project becomes legally effective, no later than 30 days after the building permit for the Project becomes legally effective (if the building permit for the Project was not yet legally effective at the time of the conclusion of the Reservation Agreement), or within 30 days from the Reservation Agreement coming into force (if the building permit for the Project was already legally effective at the time of the conclusion of the Reservation Agreement); subsequently, the Contract Regarding a Future Contract should be concluded, and the entire transaction shall be completed by the conclusion of the Purchase Contract and its filing in the Property Cadaster.
- If any information is provided via remote communication, or if the Reservation Agreement is concluded remotely, the Future Seller shall not charge any special fees for this communication method. The standard fees for using means of remote communication (telephone, e-mail etc.), charged to the Applicant by their telecommunications services provider, are paid by the Applicant.
- The possible methods of payment of the price of the property are described here the method of payment of the reservation fee and information regarding accepted payment methods is described here. The Future Seller does not require any fees based on the payment method.
- The given case does not involve a contract whose subject is repeated fulfilment, or a contract concluded for an indefinite period.
- Options of, reasons for and manner of withdrawal from the Reservation Agreement are set forth here for objects A and B; and here for object C.
- In the case of a contract concluded remotely, the Applicant can withdraw from the Reservation Agreement, without stating a reason, within fourteen (14) calendar days from the conclusion of the contract (i.e. at any time within fourteen (14) calendar days following the day on which the reservation fee was credited to the Future Seller's account). The form for withdrawing from the Reservation Agreement is available here and the Applicant shall send it or hand it in, properly completed, to the Future Seller's registered office before the withdrawal deadline.
- A Reservation Agreement involves a contract for the provision of services whose fulfilment the Future Seller shall commence on the basis of the Applicant's explicit request before the withdrawal deadline (immediately after the Reservation Agreement comes into effect). Therefore, in the event of a withdrawal from the Reservation Agreement, the Applicant shall not be refunded the entire reservation fee, but only a part thereof, which shall be calculated according to the following formula: 70.000 – [fixed payment for the commencement of the reservation of 10,000 + (X x 1,000), where X is the number of days between the Reservation Agreement coming into effect and the delivery of the notice of withdrawal].
- Disputes between the Applicant and the Future Seller are resolved by the general courts of the Czech Republic. As per Act no. 634/1992 Coll., on Consumer Protection, an Applicant who is a consumer has the right to an extrajudicial resolution of a consumer dispute arising from the contract. The subject authorised to carry out the extrajudicial resolution of the dispute is the Czech Trade Inspection Authority. More detailed information is available at www.coi.cz. An extrajudicial resolution of a consumer dispute is commenced exclusively on the basis of a motion by the consumer, and only if it was not possible to resolve the dispute with the Future Seller directly. The motion must be filed no later than 1 year from the day when the consumer exercised their right, which is the subject of the dispute, against the Future Seller for the first time. Supervision of the fulfilment of the obligations as per Act no. 634/1992, on Consumer Protection, is performed by the Czech Trade Inspection Authority.