1. GENERAL PROVISIONS
1.1 These general business conditions (hereinafter referred to as the “Conditions”) apply to the sale of products and services of the seller, which is the company EMA Poděbrady, zs, the registered office of Lidická 12, 29001 Poděbrady, ID number 04800478, concluded with the buyer by means of distance communication via web interfaces. the seller’s website or in person.
1.2. The conditions further define and specify the rights and obligations of the seller and the buyer (hereinafter also “customer”).
1.3. The provisions of the business conditions are an integral part of the purchase contract.
1.4. If the contracting party is a consumer (a person other than an entrepreneur who places an order within his business activities), the relations not regulated by the business conditions are also governed by the Civil Code (No. 89/2012 Coll.) And the Consumer Protection Act (No. 634 / 1992 Sb.).
1.5. These business conditions are listed on the seller’s website and apply to the sale of products and services of the seller on the website www.katerinahefny.cz
2. ORDER AND CONCLUSION OF THE PURCHASE AGREEMENT
2.1. The designation of the product, a description of its main features and the price, including information on whether the price includes VAT or without VAT, is given on the selected website of the seller. In the case of stating the price without VAT, the price with the relevant VAT rate is also listed. The price is also always stated on the order form. The sales offer remains valid as long as it is displayed on the web interface.
2.2 The sales form always contains information about the customer, ordered product, goods or service, price including taxes and fees, method of payment of the purchase price, information on the required method of delivery and information on costs associated with delivery of product or service.
2.3. The contractual relationship between the seller and the customer is established by sending the order (not after confirming the order). The customer submits the order by clicking on the “Submit” button. From this moment, mutual rights and obligations arise between him and the seller, which are defined by the purchase contract and these terms and conditions. By placing an order, the customer confirms that he has read these terms and conditions and that he agrees with them. The condition for a valid electronic order is the completion of all prescribed data and requirements stated in the sales form. The seller excludes acceptance of the offer with a supplement or deviation.
2.4. Information on the individual technical steps leading to the conclusion of the contract is evident from the ordering process and the customer has the opportunity to check and possibly correct the order before sending it. The data listed in the order they are deemed correct by the seller.
2.5. The customer agrees to the use of means of distance communication when concluding the contract.
2.6. The contract is concluded in the Czech language. The contract, resp. the relevant tax document will be stored in the electronic archive of the seller for a period of 5 years from its conclusion for the purpose of its successful fulfillment and is not accessible to third non-participating parties.
2.7. The seller is obliged to provide or deliver the goods / services ordered by the customer and the customer undertakes to take over the goods / services and pay the seller the purchase price. The seller is relieved of the obligation to deliver the goods / services in the event of the stock being sold out, of which the customer will be informed.
2.8. Ownership of the products / goods passes to the customer by paying the purchase price and taking it over.
3. PRICE, METHOD OF PAYMENT
3.1. The price of products, goods and services, including information on whether the price includes VAT or without VAT, is listed on the selected web interface of the seller. In the case of stating the price without VAT, the price with the relevant VAT rate is also listed. The price is always stated on the sales form.
3.2. The seller issues a tax document – an invoice – to the customer regarding payments made on the basis of the contract, which serves as proof of purchase of the product, goods or service. The seller is not a payer of value added tax.
METHOD OF PAYMENT
3.4. The price of the product / goods and any costs associated with the delivery of goods are paid by the customer in a cashless manner and to the account selected in the sales form, in advance.
3.5. For non-cash payments, payment methods are bank transfer based on an invoice.
In a personal meeting, you can pay in cash, based on the payment, you will be issued a document in accordance with applicable legislation.
3.6. Payment is one-time.
3.7. The customer is obliged to pay the price together with the correct variable payment symbol, otherwise the seller will not be able to identify the payment and provide the required performance in a timely manner.
3.8. The purchase price is payable within 14 days from the conclusion of the contract (from the date of issue of the invoice), unless otherwise stated, the customer’s obligation to pay the price for the product / goods or service is fulfilled when the relevant amount is credited to the seller’s account.
4. DELIVERY CONDITIONS
4.1. For personal services at a distance and in person, delivery means the performance of the service at a time agreed between the seller and the buyer.
4.2. For the sale of digital products, the product will be delivered in the form specified at the time of sale within seven days of receiving payment.
5. COPYRIGHT SECURITY AND PROTECTION
5.1. Digital products are subject to copyright and are intended only for the personal use of the customer.
5.2. Products that the seller sells via the web interface (digital products), including their content, are subject to legal protection under copyright. Any distribution or provision to third parties without the consent of the author is prohibited. Authorization to exercise the right to use the copyrighted work may be granted to the customer only on the basis of a license agreement. The customer is liable to the seller for the damage it causes by violating the rights to copyright protection.
6. WITHDRAWAL FROM THE CONTRACT
6.1. Withdrawal from the contract by the consumer
- If the buyer is a consumer, he has the right in accordance with the provisions of § 1829 paragraph 1 of the Civil Code the right to withdraw from the contract within fourteen days of receipt / delivery of the product without giving a reason and any penalty. This right does not serve as a way of resolving a claim for goods.
6.2. If you decide to withdraw within this period, please comply with the following conditions:
- No later than the 14th day after receipt of the product / goods, a statement of intent to withdraw from the contract must be sent to the seller.
- Sample withdrawal form (fill in this form and send it back only if you want to withdraw from the contract)
- Notice of withdrawal from the contract
- Recipient (here the consumer enters the name, address and e-mail address):
- I / we declare (*) that I hereby withdraw (*) from the contract for the purchase of these goods (*)
- Order date (*) / receipt date (*)
- Name and surname of the consumer (s)
- Address of consumer (s)
- Signature of the consumer (s) (only if this form is sent in paper form)
- Date (*) Strike out what does not apply.
- Please send the form by email to email@example.com together with the order number, name and date of purchase.
- Withdrawal can be made electronically by email: firstname.lastname@example.org, in writing to the address of the seller specified in these terms and conditions, see above, always with a statement that the buyer withdraws from the contract and accompanied by a copy of the invoice – tax document. The buyer will be sent a credit note with an amount corresponding to the purchase price of the digital product. The amount will be refunded no later than 30 days from the delivery of the email with withdrawal from the contract.
6.3. Withdrawal from the contract by the seller
- The seller is entitled to withdraw from the purchase contract without undue delay if he finds that the other party has breached the contract in a material way. For the purposes of this Agreement, the following shall be considered a material breach of this Agreement:
- customer’s delay in paying the purchase price or partial payment (installment) more than 10 days after the due date;
- breach of obligations to protect copyright (Article 5 of the OP) by the customer.
7. RIGHTS AND OBLIGATIONS FROM DEFECTIVE PERFORMANCE, COMPLAINTS
7.1. The rights and obligations of the contracting parties regarding the seller’s liability for defects, ie rights arising from defective performance, are governed by the relevant generally binding regulations (especially the provisions of § 1914 to 1925, § 2099 to 2117 and § 2161 to 2174 of the Civil Code).
7.2. The seller responds to the customer that the goods are free of defects upon receipt. In the event that the item is not in accordance with the purchase contract upon receipt, the customer has the right to have the seller, free of charge and without undue delay, return the product / goods to the condition corresponding to the purchase contract.
7.3. Defective performance is claimed by the customer without undue delay from the seller, but no later than two years from receipt of the goods.
7.4. For complaints, please contact us by email at email@example.com. The complaint should include a proof of purchase and a description of the defect. You will be informed by email about the method of handling the complaint.
7.5. The customer may request free removal of the defect, a reasonable discount on the price and if this is not disproportionate to the nature of the defect (especially if the defect can not be removed without undue delay), a request to deliver a new item without defects can be applied. If repair or replacement is not possible, upon withdrawal from the contract, the customer may request a refund of the purchase price in full.
7.6. The complaint will be settled without undue delay, no later than 30 days from the date of the complaint, unless the seller agrees with the customer on a longer period.
7.7. The seller is not obliged to satisfy the customer’s claim if he proves that he knew or caused the defect of the goods before taking over. The seller is not responsible for defects caused by normal wear and tear or failure to follow the instructions for use. Also, the seller is not responsible for defects that may occur to the customer due to the slow internet connection of the buyer, not updated internet browser or not installed mandatory software to run a webinar or online product, which he is unable to influence. Online training courses contain only instructions and recommendations, the seller is also not responsible for the success or failure of the customer in the application in practice.
8. DISCLAIMER OF LIABILITY
By deciding to engage in self-development or coaching work or by purchasing digital products, you acknowledge that any use of information from such coaching / digital products and the successes or failures resulting therefrom are in your hands only.
The company EMA Poděbrady, z.s. they hereby disclaim any responsibility for the accuracy of the information.
All information in digital products is based only on the author’s own experience. However, these experiences are subjective and their interpretation may be incomplete and inaccurate and therefore the company EMA Poděbrady, z.s. neither the author is responsible for the decision, nor the action based on these recommendations.
When using coaching at a distance or in person, you are fully independent and fully responsible for your actions, behavior and decisions. The course of coaching depends not only on the expertise of coaching, but also on factors that we cannot influence.
9. PROTECTION OF PERSONAL DATA
9.1. The seller fully respects the confidential nature of your data, which you fill in the order and provide to EMA Poděbrady, z.s .. The data is secured and protected against misuse. We use them to carry out the entire transaction, including the necessary accounting operations, issuing tax documents, identifying your non-cash payments and for communication with you, ie all customer administration, as well as for marketing purposes. This data is stored in a database with strict security against misuse and is not provided to third parties.
9.2. Upon request, the company EMA Poděbrady, z.s. if possible, immediately and in writing announce whether and what personal data he has recorded about you. If, despite our efforts to ensure that the data is accurate and up-to-date, incorrect information is recorded, we will correct it on request. If you have questions regarding the processing of your personal data, you can direct them to firstname.lastname@example.org, where we are available not only in the case of a request for information, but also in the case of suggestions or complaints.
9.3. Collection and processing of personal data
When you visit our website, our web servers record in a standard manner the IP address assigned to you by your ISP, the website from which you visit us, the websites you visit with us, as well as the date and duration of the visit. Personal data will only be recorded if you provide it to us of your own free will, for example as part of registration or for the execution of a contract. The transfer of personal data to state institutions and authorities follows only within the framework of binding legal regulations.
9.4. Possibility to log out
We want to use your data to inform you about our products and services, or to find out your opinion on them. Participation in such events is, of course, voluntary. If you do not agree with them, you can let us know at any time so that we can block the data accordingly. In the case of email communication, you can unsubscribe at any time using the unsubscribe link provided in the footer of each email.
9.5. Consent to the processing of personal data
By filling out the sales form, the customer agrees to the inclusion of personal data filled in by him in the database of EMA Poděbrady, zs, registered office Lidická 12, 29001 Poděbrady, IČO: 04800478, as administrator, and their subsequent processing through for marketing purposes and commercial communications by electronic means according to Act no. 480/2004 Coll., For the period until the withdrawal of consent.
At the same time, the customer consents to the seller sending him information about upcoming events and offers from his business partners.
10. FINAL PROVISIONS.
10. 1. Indication of the existence, manner and conditions of out-of-court settlement of consumer complaints, including whether the complaint can be lodged with a supervisory authority or a state supervisor
Out-of-court settlement of disputes, in particular through mediation or arbitration; Dispute resolution in this way is based on the voluntary participation of both parties, objectivity and impartiality of the proceedings.
The supervisory and control body of the state administration is the Czech Trade Inspection Authority. The Czech Trade Inspection Authority controls and supervises legal and natural persons selling or supplying products and goods to the internal market, providing services or performing other similar activities on the internal market, providing consumer credit or operating marketplaces, unless otherwise supervised by special legal regulations administrative office (more detailed information is given in Act No. 64/1986 Coll., on the Czech Trade Inspection Authority).
If there is a consumer dispute between us as a seller and a customer-consumer, the consumer has the right to an 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/.
10. 2 Efficiency
These business conditions take effect on 11 July 2020. The information is communicated via the website www.katerinahefny.cz or other information channels, usually by email. The seller reserves the right to change these terms and conditions. Each new version of the terms and conditions is available on the website www.katerinahefny.cz and is marked with the effective date. All orders are always governed by the current version of the terms and conditions.
The legal relations between the seller and the buyer are governed by the Czech legal order and in case of a dispute the general court of the seller is decisive.