Terms & Conditions | Novo Plaza - Shopping Center Prague

TERMS AND CONDITIONS OF THE "NOVOAPKA" LOYALTY PROGRAM

The contractual relationship between the User and the Provider arising from the use of the Application is governed by these terms and conditions:

1. Introductory Provisions

The NOVOAPKA mobile application (hereinafter also referred to as the "Application") is operated by Simplaq s.r.o., registered office: Korunní 2569/108, Vinohrady, 101 00 Prague 10, Czech Republic, ID No.: 10732888, registered with the Municipal Court in Prague, file no. C 347462 (hereinafter also referred to as the "Operator").
The loyalty program (hereinafter also referred to as the "Program") is operated by Novo Plaza s.r.o., Spaces, Na Perštýně 342/1, Nové Město, 110 00 Prague 1, ID No.: 264 83 360, registered in the Commercial Register maintained by the Municipal Court in Prague, file no. C 85126 (hereinafter also referred to as the "Provider").
For the purposes of these Terms and Conditions, a user (hereinafter also referred to as "User") is a natural person with full legal capacity, capable of legal acts, who must express consent to these Terms and Conditions, has joined the loyalty program, and who, in accordance with these Terms and Conditions: i) downloaded the NOVOAPKA application from Google Play Store or Apple App Store and ii) registered or had a user account created in accordance with these Terms and Conditions and iii) as a customer earned loyalty points for purchasing goods or services in stores of the OC Novo Plaza shopping center (hereinafter also referred to as "Partner") or iv) earned loyalty points directly from the Provider. Users can download the application from the following links: https://play.google.com/store/apps/details?id=com.novoapka https://apps.apple.com/cz/app/novoapka/id1573711944
The Program is implemented through the Application. Rules for collecting and using points are stated in the Application. To participate in the Program, the User must first express consent to these Terms and Conditions. If the User does not agree with the Terms and Conditions, they cannot participate in the Program.
To register for the Program, the User must fill out the registration form correctly, completely, and truthfully, which contains at least the following information: a) first name b) surname c) email address and password or Google / Apple / Facebook login d) date of birth e) shopping preferences. These data will be processed and stored by the Operator.
After registration, the User will be sent an email through which the Participant confirms their registration and identity.
The Provider reserves the right to modify the terms of the Program or modify the provided Rewards for Participants under 18 years of age so that applicable legal regulations for the protection of such persons are taken into account (e.g., exclusion of Rewards related to alcohol, tobacco products, etc.).
The Participant declares that the data provided during registration is complete and truthful and that they have reached the age of 18 and are fully capable of legal acts.
Registration for the loyalty program is free.
Only natural persons may participate in the Program.
Registration may be rejected by the Operator for any reason or without giving a reason.
Membership in the customer program and all rights associated with this membership, especially all benefits for program members, are non-transferable and cannot be subject to inheritance rights.

2. Rights and Obligations of the User

Each User is entitled to have only one user account.
The User is not authorized to transfer their account to another User or to obtain loyalty points for a fee in any way.
The User declares that: a) they have full legal capacity, i.e., have reached 18 years of age, b) they provided truthful and correct information when registering their user account, c) they maintain only one user account, d) they are the authorized owner of the user account.
The User expressly acknowledges that the Provider has the right at any time, without prior notice, without stating a reason, and without any claim from the User, to terminate or restrict the User's participation in the Program, cancel or block the user account, not recognize the right to win, for example, in cases where the User: a) commits a serious violation of these Terms and Conditions, including providing false personal data, b) commits a violation of applicable legal regulations of the Czech Republic, c) commits an attempt at any manipulation or fraudulent conduct in relation to the Program or the Provider, d) commits abuse of benefits provided by the program (e.g., uses purchased discounted goods for resale for business purposes) e) commits obtaining loyalty points by any speculative means or in any other way than the Program allows; f) revokes and cancels consent to the processing of personal data,
The User expressly acknowledges and confirms that the loyalty points they earn from purchases originate from a transaction between the User and the Partner.
The User is not authorized to use the Service for any purposes contrary to these Terms and Conditions or applicable legal regulations of the Czech Republic or other states relating to the User, or to damage the good name of the Provider.
The User undertakes to compensate the Provider for all harm arising as a result of the User's violation of the provisions of these Terms and Conditions.
The User is obliged to keep the access username and password confidential and not provide it to other persons.

3. Rights and Obligations of the Provider

The Provider does not provide the User with any guarantees regarding the functionality, speed, and availability of its services.
The Provider bears no responsibility for possible errors in data transmissions and bears no responsibility for damages arising from or resulting from any misuse of user accounts.
The Provider may at any time during the Program change rewards or the conversion ratio between purchase value and loyalty points.
The Provider may, at its own discretion, declare the previous course of the Program invalid due to any technical or other system error. If for any serious reason that is capable of disrupting or otherwise negatively affecting the administration, security, honesty, integrity, or proper operation of the Program, or if it cannot continue with the Program according to plan, the Provider reserves the right, at its own discretion, to cancel, terminate, modify, or suspend the Program by notifying the termination of the program's operations on the Provider's website or by other appropriate notification. If the Program is canceled or suspended, all loyalty points may be canceled.
Upon publication of the notice of termination of the Program's operations, the member's membership in the program and all rights associated with membership in the program cease; points properly loaded until the cancellation of membership on the membership card cannot be applied.
The Provider is authorized to deactivate the User's account if it is inactive for more than 12 months, i.e., does not participate in the Program or has not earned any loyalty points during the specified period. Upon deactivation of the User account, all earned loyalty points that the User has not used are lost (hereinafter also referred to as "Expiration"). Expiration of loyalty points occurs automatically after the expiration of the specified period from the User's last activity.
The Provider has no claims or obligations arising from the legal relationship between the User and the Partner. The Provider also bears no responsibility for any mutual performance between the User and the Partner. For the avoidance of doubt, the Provider is not responsible for: a) the truthfulness of information provided by the Partner, b) the quality, safety, or legality of goods or services that are the subject of a transaction between any User and any Partner, c) the actual completion and fulfillment of transactions between any User and any Partner.
The Provider is not responsible for third-party content accessible through the Application. If the User decides to visit any third-party websites or becomes familiar with third-party Application content, software, or other content, they do so at their own risk.

4. Point Collection

For every 10 CZK of purchase (expenditure) in one Partner store after deducting all discounts including VAT, the customer can earn 1 point in the Application with the following exceptions: – Points are not provided for purchases (expenditure) at exchange offices, banks, travel agencies, and purchases of OC Novo Plaza gift vouchers, i.e., in these cases, the customer is not entitled to any points. – Monetary deposits, withdrawals, and exchange services of financial institutions and locations are not considered expenditure; only the fee for this service can be considered expenditure. – The maximum number of points per purchase is 2,000 points, i.e., in case of a purchase exceeding 20,000 CZK, no more than 2,000 points can be received; – When shopping at Tesco hypermarket, the customer receives 1 point for every 100 CZK of purchase.
Points calculated according to the above rules are earned by the customer after scanning the receipt into the Application, provided that the receipt at the time of scanning into the Application is not older than 14 days.
The receipt will be recorded in the Application so that it cannot be applied again.
The Provider has the right to reject receipts that show signs of fraud and also receipts that are not from stores included in the loyalty program.
A receipt that the customer wishes to apply to earn points must not be older than 14 days from the purchase. If a receipt older than 14 days is uploaded to the Application, no points will be credited to the customer.

5. Reward Delivery

After collecting the appropriate number of points in the Application, the customer may apply a discount on a selected product, a free product, or products (hereinafter "reward") under the conditions specified in the Application.
The customer receives the reward at the Relax store after applying the reward in the Application. The percentage discount stated in the Application will be rounded to whole units in accordance with mathematical rules when determining the specific price of the product/service.
The Organizer reserves the right to change the types of rewards offered at any time, change the rules of any promotion, or cancel the promotion. The right to obtain products according to the rules of this promotion cannot be enforced legally, nor can cash be demanded from the organizer instead. Products can only be obtained at discounted prices with the collected appropriate number of loyalty points.
Rewards from the loyalty program cannot be returned without giving a reason. Complaints about rewards are not possible. The validity of individual products, discounts, and free products is stated for each of them in the Application or lasts until stock is exhausted, whichever occurs first. A customer participating in the loyalty program undertakes to comply with the loyalty program rules.
The Provider is not responsible for any actions of Partners in connection with the Application or loyalty program, including providing any discounts or vouchers in the form of rewards.
Loyalty program points cannot be exchanged or sold, and earning points does not entitle payment of any monetary reward or any other compensation.

6. Complaints Procedure

Complaints about any problems with the Program are handled by the Provider at the shopping center management office. The Provider is solely responsible for defects in goods or services that it provides to the User in its own name and on its own account. In the case of all goods or services that the User purchases/receives from Program Partners, defects must be claimed with the relevant Partner, regardless of whether the User used the Program when purchasing/receiving goods.
The User is obliged to assert rights for Program defects immediately after discovering the defect or after being able to discover the defect with ordinary care.
The Provider will inform the User about the result of the complaint procedure no later than 30 days from filing the complaint. The beginning of the 30-day period for processing the complaint is determined after proper filing of the complaint, including delivery of the complained goods back to the Operator.
The Provider will attempt to resolve amicably all disputes arising from or in connection with these Terms and Conditions or arising in connection with the Program.
If the User is a consumer within the meaning of § 419 of Act No. 89/2012 Coll., Civil Code, as amended, they have the right to withdraw from a contract concluded using distance communication means without giving a reason within fourteen days of receiving the goods.
If the User withdraws from the contract, the Provider is not obliged to return collected points to the User before the User returns the goods, complete, undamaged, in the condition in which the goods were received.
When selling consumer goods, the period for asserting rights for defective performance is set at 24 months, but a longer period may be established by declaration in the warranty certificate, on its packaging, or in advertising. If a warranty longer than 24 months is provided in this way, the Provider, as the seller, determines the conditions and scope of the extended warranty in the form of a declaration in the warranty certificate or special terms and conditions, and if not so determined, the provisions of the Civil Code on quality warranty apply to defects arising after the expiration of 24 months after receiving the goods. The seller's liability for defects does not extend to normal wear and tear of the item (or its parts) caused by use.
The User, if they are a consumer, when asserting rights from liability for defective performance, has these rights: a) Right to free repair of goods b) Right to delivery of new goods or replacement of its component, this right can be exercised when delivery of new goods or its component is an appropriate solution to the complaint considering the nature of the defect. Appropriateness for these purposes is assessed, for example, by the fact that the defect cannot be removed by repair, or such repair appears to be financially or time-wise uneconomical. c) Right to withdraw from the contract – can be used when it is not possible to repair the item and it is not possible to deliver new goods or replace its component (if the conditions for this right are met). Furthermore, this right can be used if the goods have a larger number of defects or cannot be properly used due to repeated occurrence of defects after repair. d) If the User as a buyer does not withdraw from the contract or does not assert the right to delivery of a new item without defects, replacement of its component, or repair of the item, they may demand a reasonable discount. The User as a buyer has the right to a reasonable discount even if the seller cannot deliver a new item without defects, replace its component, or repair the item, as well as if the seller does not remedy the situation within a reasonable time or if remedying would cause considerable difficulties to the consumer.
The warranty period and rights arising from it for all Users as buyers who are not consumers apply to the extent determined by the specific importer or manufacturer. If not so determined by the importer or manufacturer, the rights arising from the quality warranty according to § 2113 et seq. of the Civil Code apply.

7. Final Provisions

The Provider is authorized to unilaterally change the content of these Terms and Conditions at any time.
Any changes to these Terms and Conditions take effect after publication and on the date determined by the Provider, but in relation to each User only if the User expresses consent to such change. The User's expression of consent is considered to be continued participation in the Program by the User and/or purchase of goods or services even after the date determined by the Provider as the effective date of the change to the Terms and Conditions. If the User does not agree with the changes to the Terms and Conditions, they are obliged to refrain from participating in the Program.
For the avoidance of doubt, the parties declare that a User who has already registered in the past before the effective date of these Terms and Conditions and continues to participate in the Program based on the original registration and/or purchases goods or services, becomes a User under these Terms and Conditions without further action.
If any provision of these Terms and Conditions is or becomes invalid or unenforceable as a whole or in part, it is fully separable from the other provisions of these Terms and Conditions, and such invalidity or unenforceability shall have no effect on the validity and enforceability of any other provisions of these Terms and Conditions. In such case, the Provider will replace such invalid or unenforceable provision with another provision that will correspond to the greatest extent possible to the content of the original provision.
All communication between the Provider and the User takes place electronically via email (email: info@novoplaza.cz)
These Terms and Conditions and the relationship between the Provider and the User are governed by the legal order of the Czech Republic. In case of judicial resolution of disputes between the Provider and the User, the general court of the Provider has jurisdiction, unless the User is in the position of a consumer.
The User agrees that the information contained in these Terms and Conditions is provided in another textual form, i.e., not in writing, but only electronically. The User is authorized to save and print these Terms and Conditions.
These Terms and Conditions take effect on January 1, 2025.