General conditions

1.1 These Conditions regulate in accordance with the provisions of § 1751 paragraph 1 of Act No. 89/2012 Coll., The Civil Code (hereinafter the " Civil Code ") mutual rights and obligations arising from legal relations between Byznyslab sro, as the Futlab Operator, and a Member .

Definition

2.1 For the purposes of these Terms, the following terms have the following meanings:

Active membership

means the Membership of a Member for whom the following conditions are simultaneously met on a given day:

a) The Member has paid the Membership Fee for the current day, and

b) The Member has already completed the Introductory Training.

As long as the Membership is not active, the Member is not entitled to exercise his rights arising from the Membership, in particular to join Futlab and use the Devices.

Safety regulations and rules

means the rules for the use of Futlab and Devices, which are available directly in Futlab, as well as all other information that was communicated to the Member during the Training.

Member

means a natural person who has purchased a membership via https://futlab.cc/shop/ and has checked the terms and conditions by checking the appropriate box.

Only a natural person over the age of 18 can be a member, provided that he or she is fully independent.

In order for a Member to be able to exercise its membership rights, such Member must have an active Membership.

Membership

means the existence of an Agreement establishing a legal relationship between the Member and the Operator to the extent specified in these Conditions. The individual types of Membership, which differ in particular in the amount of the Membership Fee and the scope of the Member's rights arising from the Membership, are published and specified in detail on the website.

Membership fee

means the price that the Member is obliged to pay to the Operator for his Membership in order for his Membership to be an Active Membership. It is not possible to terminate the membership for less than 2 months. The membership fee is paid through the e-shop and always in the amount that is currently listed on the e-shop at the time of the payment order.

Membership card

means the Member's personal card, which is necessary for access to FabLab and for using the Devices. The Member will receive the Membership Card after completing the Introductory Training and paying the Membership Fee.

Futlabem

means a high-tech workshop operated by the Operator at the address Pod Kapličkou 3155/20, Prague 3, Eclipse complex, 2nd floor.

E-shop

means a part of the futlab.cc/shop website through which a Member may pay a Membership Fee, purchase Goods (Material) or training. The rights and obligations relating to the e-shop are governed by the separate business conditions of the e-shop available on the website.

Material

means a material (wood, paper, plastic, etc.) that can be processed by the Instrument.

Terms

means these contractual conditions of use of Futlab forming the content of the Agreement.

Websites

means the Futlab website at www.futlab.cc, which also includes an e-shop.

By the operator

means Byznyslab sro, IČO: 06493343, with its registered office at Rybná 716/24, Prague 1, Staré Město, 110 00, registered in the Commercial Register , which provides Members with services related to the operation of Futlab.

Devices

means the technical equipment, machines, devices and tools that the Members of Futlab are entitled to use. These technical devices are located in Futlab and are specified in more detail on the website.

By contract

means the contractual relationship between the Member and the Operator, which regulates the conditions of use of Futlab by the Member and the content of which consists mainly of these Conditions. The Agreement is concluded by paying a membership fee.

By training

means training organized by the Operator for Members on the safety and manner of use and operation of individual Devices in Futlab.

Introductory training

means the training that each Applicant must complete as a condition for the Operator to activate his Membership. Entrance training is free.

Creation of a Member

means any result of a Member's creative activity created with the aid of Devices.

Futlab membership

3.1 Establishment of Membership

Membership is established by concluding an Agreement between the Operator and a person who duly (truthfully and completely) fills in and sends the Application. The member is obliged to keep his identification data valid, true and complete; the Member is entitled to modify his data stored in the Member Account via the Portal.

3.2 Upgrade and downgrade of the Membership type

A member may always choose another type of Membership for the period following the period currently paid for. The Type of Membership can thus be changed only on the day following the last day of the period for which the Member has paid the Membership Fee. The Membership Fee already paid will not be refunded in the event of a change in the type of Membership.

4. Using Futlab

4.1 Access to Futlab

Members with an Active Membership may join Futlab, use the Devices and any other related services provided by the Operator. A Member may not provide a Membership Card to another person. The extent to which a Member is entitled to enter Futlab, use the Devices and related services depends on the type of Membership that the Member has active. During his stay in Futlab, the Member is obliged to follow the instructions of the Operator and his authorized persons and these Conditions.

4.2 Availability

The Operator declares that there is no legal right to the availability of the Devices in Futlab. Due to closed events, technical defects or other reasons, it may happen that parts of Futlab or even the whole Futlab will be temporarily unavailable to Members. The operator reserves the right to exceptionally restrict accessibility in part or in full due to maintenance, inventory and other necessary steps. Members are not entitled to a refund or a proportional reduction of membership fees already paid or other amounts paid. The Operator is not liable for damage caused or threatened to Members by the unavailability of Football or Devices, defective or limited operation of the website, or damage to or loss of their data.

4.3 Use of the Devices

In principle, the First-Come-First-Served principle applies to the use of Devices in Futlab. If the Device is free, it can be used by a Member. If it is used, or if other Members are waiting for it, Members must agree among themselves to use it. Members are entitled to process their own Material on the Devices in accordance with the safety regulations for individual Devices.

4.4 Material and other goods

The Member may purchase material or other goods for use in Futlab via the e-shop.

5. Rights and obligations of the Member

5.1 Safety regulations and rules

All Futlab Members are obliged to respect and follow the Safety Regulations and Rules. There is a strict ban on the consumption of alcoholic beverages throughout Futlab. The Operator reserves the right to deny access to Futlab to a person who is or appears to be under the influence of alcohol or other addictive or psychotropic substances.

5.2 Safety instructions

Members are required to familiarize themselves and sign the safety instructions before first joining Futlab. Members are required to comply with the rules contained in the safety instructions.

5.3 Liability

In the event of a breach of these Conditions, Safety Regulations and rules or other instructions of the Operator or a person authorized by him, the Member shall be liable for damage caused by the act or omission to the Operator and is obliged to compensate for such damage.

Access to Futlab and individual Devices is at your own risk.

6. Termination of Membership, Restriction of Member's Rights

6.1 Termination of Membership by the Operator

6.1.1 The Operator may terminate the Member's Membership in the event that the Member violates these Conditions or the Safety Regulations and Rules. Such termination of Membership may be made by the Operator in writing, by telephone and in person and is effective immediately, unless the Operator specifies in the notification a later date of effectiveness of the termination. In the event of such termination of the Membership, the Member is not entitled to a refund or a proportional reduction of the already paid Membership Fees or other paid amounts.

6.1.2 The Operator may terminate the Member's Membership without stating a reason or for reasons other than those stated in the previous paragraph, by sending a notice of termination of Membership to the e-mail address of the Member specified in the Member Account. Such termination shall take effect on the date specified in the notification. If the Member has paid the Membership Fee or other payment relating to the period after the effective date of termination, the unused Membership Fee or part thereof or other unused payment will be refunded within 30 days from the effective date of termination of Membership.

6.2 Termination of Membership by the Member

6.2.1 A Member may terminate its Membership in the event that the Operator violates these Conditions in a serious manner. Such termination of the Membership may be made by the Member in writing, by telephone or in person and is effective immediately. If the Member has paid the Membership Fee or other payment relating to the period after the effective date of Termination, the unused Membership Fee or part thereof or other unused payment will be refunded within 30 days from the effective date of termination of Membership.

6.2.2 A Member may terminate its Membership without giving a reason or for reasons other than those stated in the previous paragraph, by sending a notice of termination of Membership to the e-mail address info@futlab.cc or in person at Futlab. Such termination of Membership is effective immediately, unless the Member specifies in the notice a later date of termination. In the event of such termination of the Membership, the Member is not entitled to a refund or a proportional reduction of the already paid Membership Fees or other paid amounts. Through the e-shop, the Membership can be terminated on the last day of the period for which the Member has paid the Membership Fee.

6.3 Temporary Restriction of a Member's Rights

In the event of a breach of the Conditions or Security Regulations and Rules, the Operator is entitled to temporarily restrict the Member's rights or temporarily prevent him from entering Futlab. In such cases, the member is not entitled to a refund of payments and fees paid.

6.4 Reporting of a Member

The Operator is entitled to expel from Futlab a Member who violates the Conditions, cancels or prevents the work of other Members or otherwise behaves inappropriately. The Operator is entitled to expel from Futlab a person who is not authorized to enter Futlab.

7. Special provisions in relation to consumers concluding a contract by distance

7.1 The right to withdraw from the contract

A member who is a consumer within the meaning of § 419 of the Civil Code (hereinafter the "consumer" ) has the right to withdraw from the Contract in writing within 14 days from the date of its conclusion, electronically by notification sent to the e-mail address info@futlab.cc .

The Operator shall return to the consumer without undue delay, but no later than within 14 days of withdrawal from the Contract, all funds received from him, subject to the following paragraph.

7.2 Explicit request of the Member for the provision of services

If the Consumer Member activates its Membership, it expressly requests the Operator to start providing services before the expiry of the period for withdrawal from the Contract in the sense of the previous paragraph. In this case, the consumer shall pay the Operator a proportional part of the Membership Fee for the performance provided until the effective date of withdrawal from the Contract.

7.3 Out-of-court settlement of consumer disputes

In the event of a dispute between the parties to the Agreement, the Consumer Member has the right to an out-of-court settlement. The Consumer is entitled to submit a proposal for out-of-court settlement of a dispute pursuant to Act No. 634/1992 Coll., On Consumer Protection to the Czech Trade Inspection Authority (all details on out-of-court settlement are available on the website www.coi.cz ) or via an online platform. European Union on the out-of-court settlement of consumer disputes (more information here ).

Sharing know-how

Futlab works on the principle of sharing know-how. Members therefore undertake to give other members access to their creations and, where the nature of the creation allows it to be made available to the public under a free license such as Creative commons, GPL and other open source licenses.

9. Final provisions

9.1 These conditions and the relationship between the Operator and the Member are governed by the law of the Czech Republic, in particular Act No. 89/2012 Coll., The Civil Code.

9.2 The court competent to resolve disputes between the Member and the Operator is the general court of the Operator. This does not apply to a Member who is a consumer.

9.3 The Contract is always concluded in the Czech language and can only be concluded in the Czech language.

9.4 The operator is not bound by any code of conduct in the sense of § 1826 par. 1 let. e) of the Civil Code.

9.5 The Agreement and all its components shall be stored in the electronic archive of the Operator without the access of the Member.

9.6 The costs of using means of distance communication (telephone, internet, etc.) are in the normal amount, depending on the tariff of telecommunication services used by the Member, and are not covered by the Operator.

9.7 These Terms and Conditions are published on the website and thus their archiving and reproduction by the Member is enabled.

9.8 If any provision of these Terms is or becomes invalid, ineffective or unenforceable in whole or in part, it is fully severable from the other provisions of these Terms and such invalidity or unenforceability will not affect the validity and enforceability of any other provisions of these Terms. In such a case, the operator shall replace such invalid or unenforceable provision with another provision which will correspond as much as possible to the content of the original provision.

9.9 Contact details of the Operator:

(a) address for service: Futlab, makerspace Praha
Pod Kapličkou 3155/20
130 00 Praha 3
b) e-mail address: info@futlab.cc
c) telephone: +420 723859558

9.10 The Operator reserves the right to unilaterally change the wording of these Conditions at any time. The Operator is obliged to notify these changes by e-mail to the Members' addresses listed in the Member Account, at least 30 days before the new version of the Conditions takes effect. The Member is entitled to reject changes to the Conditions in the form of termination of Membership, by email sent to the Operator to the e-mail address info@futlab.cc. In such a case, the membership will end on the last day before the effective date of the new version of the Terms. If the Member does not reject the new wording of the Conditions, it shall be deemed that he has accepted such wording. If a Member has paid a Membership Fee or other payment relating to the period after the date of termination of Membership, the unused Membership Fee or part thereof or other unused payment will be refunded within 30 days from the date of termination of Membership.

9.11 These Conditions take effect on 28.7. 2018