Instructions to the consumer

Consumer instruction within the meaning of Sections 1811(2) and 1820(1) of Act No. 89/2012 Coll. (hereinafter referred to as the “CC”) (hereinafter referred to as the “Instruction”) implemented by the company:

free heating s.r.o.
ID: 09087087
DIC: CZ09087087
with registered office at Na Perštýně 342/1, 110 00 Prague 1 – Staré město
Tel.: +420 776 293 333
email: dusan.juhaniak@freeheating.cz
website: www.mujdumphuket.cz

hereinafter referred to as “Intermediary”)

and addressed to all potential clients of the Intermediary who are in the position of consumers (see the provisions of Section 419 of the Civil Code) and who are interested in concluding an Intermediary Agreement (in the field of real estate) with the Intermediary
(hereinafter referred to as “Interested Party”)

In accordance with applicable law, the Agent hereby informs each specific Interested Party (in connection with the Brokerage Contract which the Interested Party intends to conclude with the Agent) that:

• The agency agreement falls under the regime of the CC;
• The object of the service offered by the Intermediary shall be to arrange: the sale of immovable property / the lease of immovable property / the sublease of immovable property / the transfer of a share in a corporation, excluding a share in a housing cooperative / the transfer of a cooperative share, to a third party;
• The object of the mediation will be offered at the price specified in the Mediation Agreement (i.e. at the so-called recommended price);
• The Mediation Contract is concluded for a definite term (which will be agreed in the Mediation Contract) – with the possibility of automatic extension, unless at least one of the contracting parties delivers a notice by registered letter to the other contracting party at least 15 days before the end of the agreed (albeit extended) term of the Mediation Contract stating that it insists on the termination of the Mediation Contract;
• The price of the service (i.e. the commission) will be a specific – agreed – percentage of the actual price or a fixed (lump sum) amount; no value added tax will be added to the commission calculated in this way. In the case of lease/sublease brokerage, the commission will be a fixed (flat) amount as specified in the Brokerage Agreement.
• The commission will be payable within 14 days after the date of conclusion of the contract being brokered (i.e. the Target Contract concluded between the Client and the person brokered by the Broker);
• All costs of the Intermediary related to the activities under the Intermediary Agreement are included in the agreed commission;
• The rights of the Interested Party from any defective performance of services, as well as the terms and conditions of these rights are governed by the provisions of Sections 1914 et seq. of the CC (see in particular Sections 1915 to 1916 as well as 1921 to 1925 of the CC).

A special instruction on the possibility to withdraw from the Mediation Contract if it was concluded outside the premises customary for the business of the mediator (see also the provisions of § 1828/2 CC):

• You have the right to withdraw from the Mediation Agreement (without giving any reason) within 14 days of the conclusion of the Mediation Agreement.
• In order to exercise your right to withdraw from the Mediation Contract, you must inform us of your decision to withdraw from the Mediation Contract (insert your name, company name, registered office address and, if applicable, your telephone and fax number and e-mail address) in the form of an unequivocal statement (e.g. a letter sent via postal service provider, fax or e-mail). You may use the sample withdrawal form below, but you are not obliged to do so.
• In order to comply with the deadline for withdrawal from the Mediation Agreement, it is sufficient to send a notice of exercise of the right to withdraw from the Mediation Agreement before the expiry of the relevant deadline.

At the same time, however, we expressly instruct you (in accordance with the provisions of Section 1837 of the Civil Code) that you will not have the right to withdraw from the Mediation Agreement (under the above conditions) if you have requested that the provision of services commence already during the period for withdrawal from the Mediation Agreement and the mediator has mediated (at the latest on the day preceding the date of sending the notice of withdrawal) a person interested in the purchase of the subject immovable property under the conditions set out in the Mediation Agreement. In this case, the withdrawal sent by you (from the point of view of the intermediary) will not be taken into account, irrespective of whether you have already been informed by the intermediary about the person mediated; this does not, of course, affect the possibility of the court’s consideration of the matter.

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Sample form for withdrawal from the Mediation Agreement:
Notice of withdrawal from the Mediation Agreement

Addressee: free heating s.r.o.

Na Perštýně 342/1, 110 00 Prague 1 – Staré město

I hereby give notice that I withdraw from the Mediation Contract of … relating to immovable property … in k.ú. …

Your name and surname: …
Your address: …
Date: …
Your signature:
(only if this form is sent in paper form)
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The Interested Party also has the right to address his/her complaint (if the Interested Party considers that the legal rights of consumers have been violated by the Intermediary) to the Czech Trade Inspection Authority or to the municipal trade office of the Intermediary. In this regard, the Intermediary also refers the Interested Party to the wording of Act No. 634/1992 Coll., on Consumer Protection, as amended. The interested party has the possibility to resolve any consumer disputes out of court if he is in the position of a consumer. Summary information on this issue is available on the website of the Czech Trade Inspection Authority www.coi.cz. All proposals in consumer disputes between the Intermediary and the Customer should be sent to the Czech Trade Inspection Authority. My House Phuket’s privacy policy is published on the website www.mujdumphuket.cz.