GENERAL TERMS AND CONDITIONS for the sale of online courses and educational events
You have just found yourself on the page with the general terms and conditions for the sale of my online courses. These General Terms and Conditions (abbreviated as “GTC”) contain the information you need to have available before you click on the order button. Therefore, please read them carefully. Before ordering, you also check the box “I agree with the business conditions”. If you read the GTC, your consent will really be consent.
WHEN ARE THE GTC USED AND WHAT DOES THE RELATIONSHIP RELATE TO THE CONCLUDED CONTRACT?
The GTC will be used for the sale of digital products and online courses (both together will be abbreviated as “products” in the following text) and the order of workshops, seminars, courses, educational stays (hereinafter “educational events”) via a web interface. The GTC also stipulates more detailed conditions for the implementation of educational events.
The actual purchase of products and ordering educational events and the process of concluding a contract is described below. The GTC are a document that forms an integral part of the contract concluded between us. If there are provisions in the Contract that differ from the text of the GTC, the provisions in the Contract shall prevail.
The purchase of products takes place on the basis of the Purchase Agreement concluded between me as the Seller and you as the Buyer. The provision of educational events takes place on the basis of the Agreement on the provision of services concluded between me as the Provider and you as the Client (as the recipient of the service). If only the term “Agreement” is used in the GBTC, this means both the Purchase Agreement and the Service Provision Agreement. The contract is concluded in the Czech language, archived in electronic form and is not accessible to third parties. The contract consists of your order (completed order form on the web interface) and its acceptance by me and these GTC.
BASIC INFORMATION ABOUT ME
Lucie Aujeská
IČO: 02303604
Registered office: Botanická 47/47, Brno, 602 00, Czech Republic
lucieaujeska@gmail.com
I am registered in the trade register
I am not VAT registered subject.
The delivery address is the same as the registered office address. On the above e-mail, I am at your disposal for normal communication as well as for the possible handling of complaints and claims.
In the following text, I only act as “Seller”.
IMPORTANT TERMS TO MAKE IT CLEAR WHAT IS WRITTEN HERE
WHO IS A BUYER?
The buyer is the one who, through the web interface, concludes a Purchase Agreement with me, which will buy one of the offered products. When buying digital products and online courses, it is a matter of providing so-called digital content (this is a term used directly by the Civil Code). In the following text, I also refer to the client as a Buyer who orders an educational event via the web interface and concludes a Service Agreement with me.
Although I assume that the typical Buyer who buys products or orders an educational event will be a consumer, the Buyer can of course also be an entrepreneur (self-employed natural person – self-employed person or legal entity, eg s.r.o. or joint stock company).
WHO IS THE CONSUMER?
According to the law, a consumer is a natural person who does not act within the scope of his business activity or within the scope of independent performance of a profession. If you are a natural person and you state the ID number in the order, I will consider that you are concluding the Agreement as an entrepreneur and not as a consumer.
WHAT IS A CONSUMER AGREEMENT?
It is a Contract in which the consumer acts as the Buyer. In many cases, the consumer is in a better position than other buyers. If a right concerns only the Consumer, it is explicitly stated in the GTC (ie instead of “Buyer” it is stated “Consumer”).
WHAT IS A CONTRACT CONCLUDED IN A DISTANCE?
This is a Contract which is concluded by means of REMOTE COMMUNICATION, ie it is concluded without having to meet in person, as we use a web interface to conclude it. The costs associated with the use of means of distance communication (especially the cost of internet connection and possible telephone calls) as a Buyer you pay yourself and do not differ from the normal rate charged by your operator, respectively. internet connection provider. By placing an order, you expressly agree to the use of means of distance communication.
WHAT LEGISLATION DOES THE CONTRACTUAL RELATIONSHIP BETWEEN US?
These are valid legal regulations, especially Act No. 89/2012 Coll., The Civil Code (hereinafter also referred to as “NOZ”) and in cases where the Buyer is a consumer, it is also Act No. 634/1992 Coll., On consumer protection .
III. HOW TO ORDER AND CONCLUDE A CONTRACT?
As a Buyer, you order products and educational events via the web interface, ie through the ordering system on the website, by filling out the order form located there.
DESCRIPTION OF PRODUCTS AND EDUCATIONAL EVENTS: On the web interface you will find a detailed description of the digital products offered, online courses and educational events, their content, information about who they are intended for and what benefits you can expect from them. On the web interface, you will also find references of clients who purchased the products before you. The product presentation on the web interface is of an informative nature. As a Seller, I am not obliged to enter into an Agreement. The provisions of § 1732 para. 2. NOZ shall not apply.
ORDERING PRODUCTS AND EDUCATIONAL EVENTS (with the date already stated on the web interface): To order via the web interface, use the order / reservation form, where as the Client you fill in your contact details (name, surname, address, e-mail, when ordering the company and information about the company, ID number, VAT number), information about the ordered product (by inserting the ordered product into the “basket” of the web interface), in the case of ordering an educational event, select a specific event, if it is not already listed directly in the form and select the method of payment. If additional information is required for sales within or outside the EU, this will be written on the order page.
Before sending the order, you are allowed to check and change the data entered in the order form and, if necessary, correct any errors and inconsistencies. Send the order by clicking on the order button below the order.
I will inform you about the acceptance of the order made via the order form on the web interface by e-mail sent to your e-mail address, an invoice for the product is also included (attached). By delivering this confirmation of receipt of the order to your e-mail address specified in the order, the Contract is concluded. For educational events, the Contract is concluded only when both the order is confirmed and the reservation fee is paid in the amount specified in the description of the educational event on the web interface, unless explicitly stated otherwise.
Any changes to the concluded Contract (including cancellation of the order) are only possible by agreement between us. Until the conclusion of the Agreement, you can cancel your order by e-mail sent to my e-mail address listed in the section “Basic information about me” in Article I. of these GTC.
If in doubt, I can contact you to verify the authenticity of the order, and if the authenticity of the order cannot be verified, it is considered that the order has not been placed at all and I no longer deal with such an order.
It is possible to order products and educational events via the web interface 24 hours a day, 7 days a week. However, I would like to point out that, in exceptional cases, the website may be temporarily unavailable due to the necessary maintenance of the website or due to circumstances for which I am not responsible, such as internet connection failures, etc.
HOW IS THE PRICE AND HOW IS IT PAID?
PRICE OF PRODUCTS AND EDUCATIONAL EVENTS: The price is valid for the entire time it is listed on the web interface. There are no transport costs or other costs associated with the delivery of digital products, online courses and educational events, so the price stated in the order summary is the final price. For educational events, the web interface indicates what the price includes (eg whether refreshments are included).
The agreed price is the price stated for the product or educational event at the time of sending your order. In the event of an obvious error in entering the price on the web interface (this means mainly a typo, an error in entering the price) or a similar error in the process of concluding the Contract, then I am not obliged to deliver the product to you for such a manifestly incorrect price that there has been an automatic confirmation of receipt of the order. In the event that this obviously incorrect price is already paid by you, I am entitled to withdraw from the Contract and return the amount paid to you in that case. If the price changes between the sending of your order and its confirmation by me, the price valid at the time of sending the order applies, unless otherwise expressly agreed between us.
Unless expressly agreed otherwise between us, I am obliged to deliver the product to you only after full payment of the agreed price.
METHOD OF PAYMENT: The agreed price can be paid as follows:
– Cashless (classic) bank transfer to my bank account: you will receive payment instructions, in the form of an invoice, in the e-mail confirming receipt of the order. When making a payment, please do not forget to indicate the relevant variable symbol so that the payment can be quickly matched and the product delivered as soon as possible.
– Payment card – provider of payment gateway STRIPE
PRICE MATURITY: The due date is stated on the invoice. For educational events, the full price must be paid no later than 5 days before the educational event, unless expressly agreed otherwise between us.
The price is paid when the relevant amount is credited to my bank account.
HOW WILL THE PRODUCTS AND EDUCATIONAL EVENTS BE DELIVERED TO YOU?
Product delivery conditions:
DELIVERY METHOD. When purchasing a digital product, the content will be delivered after payment of the purchase price to e-mail as an attachment to an e-mail message or by sending a link where the content can be downloaded or opened. When purchasing an online course, after paying the price, a user account will be created on the web interface and access data to your user account will be generated and sent to the electronic address specified in the order (conditions of use are specified in Article VI of these GTC). If the course is open for all registered students on the same day, you will receive access data on a pre-announced day after payment. After logging in using the access data, the digital content (online course) will be delivered to you by making the member section available. If it is effective with regard to the continuity of the content, the individual lessons will be made available to you gradually, according to the schedule given on the “bulletin board” of the member section of the online course.
DELIVERY TIME. The digital product and online course will be delivered within 3 working days after the payment is credited to my bank account.
TRANSPORT COSTS. Digital products do not incur, and therefore do not incur, shipping or delivery costs.
Delivery and cancellation conditions for educational events:
METHOD OF DELIVERY: The educational event will be delivered according to the conditions specified in the description of the event on the web interface, or individually agreed. The buyer has the right to complete the educational event under the conditions of proper payment of the full price for the educational event. The Seller is entitled to unilaterally change the conditions of the educational event, eg the person of the lecturer, the time of individual lessons, the venue within the same municipality / city, and is obliged to notify the Buyer. Obligations between the Buyer and the Seller are not affected. The seller is responsible for ensuring that the change of conditions does not affect the purpose of the course. The educational event will take place only if it is ordered and paid for by the minimum number of applicants set by the Seller. I reserve the right to cancel an educational event with a lower number of registered or force majeure. In this case, I will inform all registered participants in time.
POSSIBILITY OF SUBSCRIBER PARTICIPATION: It is possible to send a substitute to the Buyer’s place in the training event if the Buyer is unable to participate for serious reasons, only after prior agreement with me and if it is permissible and possible due to the content of the training event.
EDUCATIONAL MATERIALS AND INFORMATION: All information and any written materials, materials, scripts, sound recordings and media, recommendations, techniques, personal data and other methods passed by the instructor leading the event are intended only for the purposes of the specific educational event and personal needs of individual Buyers. It is not permitted to communicate and pass on them to third parties, modify, distribute and copy them in whole or in part, use them for any commercial purpose or publish them elsewhere without my knowledge and written consent.
RESPONSIBILITY DURING THE EDUCATIONAL EVENT: The buyer is fully responsible for himself, his decisions and his actions towards himself and others throughout the educational event. Each participant incl. The lecturer leading the event is responsible for any damage caused to himself or another Buyer by his reckless or other behavior or for damage caused by him to the property and equipment of the premises he uses during the educational event.
POSSIBILITY TO EXCLUDE THE BUYER FROM PARTICIPATION: Buyers are obliged not to disrupt its course when participating in the educational event. The Seller or the lecturer leading the educational event is entitled to exclude the Buyer from participation if the Buyer did not respect these GTC and as a result damaged the content of the educational event, other Buyers or the lecturer or if it disrupts the course of the event by inappropriate behavior (ie behavior against rules of decent coexistence of people, eg repeated disturbance, participation under the influence of alcohol or other addictive substances, insults of lecturers or other participants in the event). In the event of exclusion of the Buyer from the educational event, the Buyer is not entitled to a refund of the already paid course fee, not even part of it.
CANCELLATION CONDITIONS: In the event that the educational event is canceled for reasons on my part and you, as the Buyer, have already paid the price, you will receive a full refund within 14 days of the decision to cancel the event, unless we expressly agree on use the payment for a replacement event of your choice or for another solution. Unless otherwise agreed, your payment will be refunded in the same way as it was received. As a Buyer, you are entitled to cancel your participation in the educational event. If you have already paid the price and cancel the participation no later than 48 hours before the event, the full price paid will be refunded, in case of cancellation in a shorter time, the price is non-refundable.
HOW IS THE FUNCTIONALITY OF DIGITAL CONTENT AND ITS INTERACTION WITH HARDWARE AND SOFTWARE AND COPYRIGHT?
I only send digital content to you, as the Buyer, to your e-mail address, or by making the address of the website where the content is located available. Digital content requires full hardware and software to open and work with electronic documents. To download the product from the website, you also need a working internet connection. I am not responsible for the unavailability of content in the event of a malfunction or slow speed of your internet connection. Content may be temporarily unavailable for a short time in the event of data maintenance or server outages.
The products are created using my knowledge and experience and years of practice. These are guidelines and recommendations, and it’s up to you how you use them in practice and what care and effort you put into putting this information into practice. Therefore, I cannot be held responsible for what specific product-based results you achieve yourself. Products do not replace personal consultation. Digital content is protected by copyright and may not be redistributed or used by others without my prior express written consent. Copyright infringement is punishable not only under copyright law, but can also be a criminal offense.
USER ACCOUNT. After purchasing the online course, you will receive access data to log in to your user account after payment of the price, as stated in the section on delivery conditions (Article V of the GTC). You agree to maintain the confidentiality of the access data and not to allow its use by third parties. As a Buyer, you also agree to keep your user account information current and true. In the event of a serious breach of your obligations under the Agreement or these GTC, I am entitled to make your user account inaccessible or cancel. Also in the event of a breach of your copyright obligations.
VII. WITHDRAWAL FROM THE CONTRACT
DIGITAL PRODUCTS AND ON-LINE COURSES: Pursuant to § 1829 par. 1 NOZ, you as a Consumer have the right to withdraw from the concluded Purchase Agreement without giving reasons within 14 days from the date of concluding the Agreement. According to § 1837 letter l) this possibility can be ruled out for digital products and online courses (digital content).
In the event that you do not pay the full price within 7 days after its due date, the Agreement is terminated. In the event that I have previously received a partial payment from you for the purchase price, I will return it to you within a week of the cancellation of the Agreement, unless expressly agreed otherwise between us.
Both you, as the Buyer, and I, as the Seller, are also entitled to withdraw from the Contract in cases stipulated by law or specified in these GTC.
If you are provided with a gift together with a product or educational event, the gift contract is concluded between us with the untying condition that if you withdraw from the Contract without giving reasons, the gift contract expires and you are obliged to give me the gift no later than 14 days from the withdrawal from the Contract. All gifts and bonuses are sent or made available only after payment of the agreed price of the product or educational event, unless otherwise stated on the web interface.
VIII. WARRANTY, RIGHTS FROM DEFECTIVE PERFORMANCE, COMPLAINTS PROCEDURE
The rights arising from defective performance are governed by applicable laws and regulations, in particular the provisions of § 1914 to 1925, § 2099 to 2112 and § 2161 to 2174 NOZ.
The rights under the warranty are governed in particular by the provisions of Sections 2113 to 2117 of the NOZ.
As the Seller, I am responsible for ensuring that the product is free of defects upon receipt. If you are a Consumer, then if the defect manifests itself within 6 months of receipt, it is considered that the product was defective at the time of receipt. If you are a Consumer, I am also responsible for ensuring that defects do not occur during the warranty period, which is 24 months from receipt of the product. If you are not a consumer, I am only liable to you for defects in the product upon receipt.
In the event of a defect that cannot be removed or in the event of a repeated occurrence of a defect or the occurrence of a large number of defects, you have the right to request a replacement of the product with a new one or to withdraw from the Contract. In the event of a remediable defect on a product that has not yet been used, you may request the removal of the defect or a reasonable discount on the price or, if this is not disproportionate, the replacement of the product with a new one. In the event that you do not withdraw from the Contract or do not exercise the right to deliver a new product without defects or to repair the product, you may request a reasonable discount. You can request a reasonable discount even if I am unable to deliver a new or functional product without defects after the repair, as well as if I do not seek remediation within a reasonable time or if it would cause you considerable difficulties in obtaining a remedy. In the case of digital products and online courses, due to the nature of the product as a defect, the unavailability of content (non-functional access data) or the missing part of the content may come into consideration.
You do not have the right to defective performance if you know before taking over the product that the product is defective or if you cause the defect yourself. The warranty and liability claims for defects do not apply to defects caused by improper use of the product.
File a complaint with me without undue delay after finding defects. You can also inform me about the complaint in advance by e-mail. If the digital product or online course (or access data) was not delivered to you within the delivery time, please check the “bulk mail” or spam folders first. If you do not find the product there either, file a complaint according to this paragraph. I welcome you to attach an invoice or other proof of purchase to the complaint, a description of the claimed defect and a proposal for resolving the complaint. I will handle the complaint without undue delay, within 30 days at the latest, unless we expressly agree otherwise. I will provide you with a written confirmation of the claim and settlement of the complaint.
SETTLEMENT OF COMPLAINTS, RESOLUTION OF CONSUMER DISPUTES
If you have any complaints about the concluded Contract, its performance or my activities, please contact me at lucieaujeska@gmail.com.
Businesses on the basis of a trade license, the control body is the relevant trade licensing authority, and the Czech Trade Inspection Authority supervises compliance with consumer protection regulations. Compliance with regulations on personal data protection is supervised by the Office for Personal Data Protection. You can also turn to these authorities with your complaints.
If there is a consumer dispute between the Seller and the Consumer, the Consumer has the right to its out-of-court settlement. The Czech Trade Inspection Authority is the subject of an out-of-court settlement pursuant to Act No. 634/1992 Coll., On Consumer Protection. All details on the out-of-court settlement are available on the website of the Czech Trade Inspection Authority www.coi.cz The consumer can also use the online dispute resolution platform set up by the European Commission at http://ec.europa.eu/consumers/odr/ .
CONCLUSION
The Contract is concluded for a definite period of time, until the fulfillment of the obligations of the Seller and the Buyer arising from the contract.
The protection of personal data is addressed in a separate document.
Please note that I am entitled to unilaterally change these GTC, however, the text of the terms and conditions effective at the time of sending the order always applies to the Buyer.
These GTC are effective from 1.1.2018