LOAN AGREEMENT
Parties
bloominds cz s.r.o.
Company ID: 212 56 802
with its registered office at Rybná 15, Staré Město, 110 00 Prague 1
registered in the Commercial Register maintained by the Municipal Court in Prague under file no. C 399035
contact e-mail: lounge@bloominds.cz
represented by its managing director Michal Kotlín
on the one hand as the lender (hereinafter referred to as the "Lender")
and
on the other hand, as the client and borrower (hereinafter referred to as the "Client")
(hereinafter also referred to as the "Contracting Parties" or individually as the "Contracting Party") enter into this loan agreement (hereinafter referred to as the "Agreement") in accordance with
§ 2193 et seq. of Act No. 89/2012 Coll., the Civil Code, as amended.
I. Introductory provisions
1. The lender leases personal care technology.
2. On the date of the order, the Lender and the Client entered into a service agreement under which the Client is entitled to request the Lender to lend them the specified equipment.
3. The Contracting Parties enter into this Agreement in connection with their intention to regulate their mutual rights and obligations when borrowing the equipment specified below.
II. Subject Matter of the Agreement
1. The Lender declares that it is the sole owner of the non-consumable movable property leased by the Client (hereinafter referred to as the "Equipment") and undertakes to transfer this Equipment to the Client for temporary use in accordance with the terms and conditions agreed upon in this Agreement.
III. Loan period
1. The loan is arranged for a fixed period, with the client choosing the length of the loan, but for a minimum of 21 calendar days. The rental price is always charged according to the selected length of the loan – i.e., for each day separately.
2. If the Client fails to comply with the agreed rental period, they shall be obliged to pay the Lender a contractual penalty equal to twice the daily rental price of the rented technology for each day of delay.
IV. Purpose of the loan
1. The Lender provides the Client with the Equipment for the purpose of proper use of the services that the Lender provides to the Client under this Agreement.
2. The Client confirms that they have been instructed by the Lender on how to use the Equipment.
V. Deposit
1. The contracting parties agree that when ordering a loan, the Client shall pay a refundable deposit.
2. The purpose of the deposit is to secure the payment of claims that arise for the Lender against the Client due to damage to or non-return of the Equipment.
3. The Lender is obliged to keep accurate records of the amount of the deposit and to confirm in writing to the Client the payment of claims from this deposit. After the Equipment has been returned, the deposit will be refunded to the Client to the bank account specified by the Client.
VI. Rights and obligations of the contracting parties
1. The Lender undertakes to deliver the Equipment to the Client within 5 calendar days in a technical condition suitable for use.
2. The Client undertakes to properly take over the equipment and use it only for the purpose specified in this Agreement.
3. The client is not entitled to transfer the equipment to third parties. The client is liable for damage caused by third parties up to the amount of the deposit.
4. The Lender is entitled to demand the early return of the equipment if the Client uses it in violation of the Agreement.
5. The client shall pay all usual costs associated with the use of the equipment.
6. The Client is obliged to protect the equipment from damage, loss, or destruction and to immediately report any defects to the Lender.
7. All defects and damage caused by the Client shall be borne by the Client.
8. The Client undertakes to use the equipment in accordance with the instructions and the Agreement. The Lender shall not be liable for any damage caused by improper use.
VII. Termination of the contractual relationship
1. This Agreement shall terminate on the date of return of the equipment.
2. The Lender may withdraw from the Agreement in the event of a breach of obligations by the Client.
VIII. Processing of personal data
1. The lender processes personal data in accordance with the GDPR and other legislation.
2. Information about processing was provided to the Client in a separate document.
3. If the title of the processing is the Client's consent, it forms part of this Agreement.
4. The client declares that they have familiarized themselves with the information on the processing of personal data.
IX. Final provisions
1. The contract shall take effect on the date of ordering the equipment + 5 days.
2. Any disputes shall be resolved in accordance with Czech law by Czech courts.
3. The Contracting Parties declare that they have read and understood the contents of the Agreement and sign it of their own free will.