GENERAL TERMS AND CONDITIONS
for the purchase of services and digital content
Operator:
Stepanka Hojdova
Elisky Krasnohorske 2121/13, As
ICO 73715964
VAT CZ8653121928 (VAT payer)
Email: stepanka.jovanovic@gmail.com
Telephone: 734 852 303
Entrepreneur registered in the Trade Register
and
Tereza Kalinova
U Stadionu 70, Beroun, ZIP code 266 01
ICO 08172722
Email: te.kalinova@seznam.cz
Telephone: 607 255 234
Entrepreneur registered in the Trade Register
(also referred to individually as "Provider")
I. Introductory Provisions
These General Terms and Conditions apply to the sale of services and digital content by the seller (providers) Stepanka Hojdova and Tereza Kalinova, who are further referred to individually as "Provider" in the text of these conditions.
Services and digital content are provided via the internet and can be ordered and purchased remotely based on an online order made on websites operated by Stepanka Hojdova or on other internet services where Stepanka Hojdova or Tereza Kalinova are listed as the operators.
These general contractual terms define the rights and obligations between the Provider and the customer, which supplement the concluded contract and are binding for this contractual relationship.
The customer, in the contractual relationship with the Provider, agrees to the use of remote communication means when concluding the contract.
II. Ordering and Conclusion of Contract
The contractual relationship (conclusion of a service provision contract or conclusion of a digital content provision contract) between the Provider and its customers arises by confirming the delivered order, which is sent by the Provider to the customer's email address, unless otherwise agreed by the contracting parties.
If the customer includes their ICO and billing details in the order, intending to use the services or products of the Provider within their business activities, they will not be considered a consumer in the contractual relationship with the Provider, and their contractual relationship with the Provider will be assessed as a relationship between two business entities.
If the customer does not provide their ICO in the order, it is assumed that the customer is in the position of a consumer, and the provisions of Act No. 634/1992 Coll., on Consumer Protection, will apply to the relationship with the Provider.
The Provider's website or its other presentations online contain, in particular, a list and description of the services and digital content offered (hereinafter collectively referred to as "products"), including the prices of individual products and, if applicable, special conditions for their use, as well as other content published by the Provider.
To order products, the customer usually makes the appropriate selection on the website and fills out the order form in the web interface of the Provider's internet pages or sends an email if the Provider specifies so in the description of the purchased product.
The order form contains, in particular, information about the ordered product and mandatory customer data to be filled in for the purpose of concluding the contract and invoicing.
The customer sends the order to the Provider by making the appropriate selection in the interface of the page or sends an email if specified, unless otherwise stated for each product. The Provider then confirms the acceptance of the order to the customer without undue delay after receiving the order, usually by email, to the customer's email address.
The Provider is not obliged to accept the order and conclude a contract with the customer. This reservation is made especially for persons who have materially violated the rights or legitimate interests of the Provider, related persons, or these terms and conditions.
The Provider reserves the right that the products presented within the internet services provided by her may not always be available, especially with regard to the Provider's capacity or the time limitation of the offer.
III. Price and Payment Terms
Customer gains access to the products upon payment of the full specified price, unless otherwise stated in the order form or product description, or unless another agreement on payment between the Provider and the customer is reached.
As part of order acceptance, the price of the product and methods of payment are specified, along with the deadline for payment of the product price, unless otherwise specified in the product description.
The Provider will issue an invoice to the customer upon payment of the price and send it electronically to the customer's email address.
If the customer fails to pay the price by the specified date for providing the product or within 10 days after its due date, the contract is terminated from the beginning, and the customer is obligated to compensate the Provider for any resulting damages.
The Provider allows payment for some of its products in installments if indicated in the description of such service (or its prices). The Provider reserves the right to link payment in installments to the availability of certain parts of the products to which the installment payment relates, with the understanding that if the next installment of the product price is not paid by the specified deadline, further part(s) of the product will not be accessible to the customer.
In the event that the Provider allows payment for some of its products in installments, the customer is obligated to pay the full price of the agreed product, even if the customer decides not to utilize the product in its entirety or terminates the use of the product prematurely due to circumstances on their side. If the customer stops paying the agreed installments, the Provider is entitled to deny the customer access to the products until the full price of the product is paid. In accordance with § 1831, the entire debt becomes due in case of default with even a single installment.
The Provider accepts payment for its products in Czech crowns. If the customer makes a payment for the products in EUR, the paid amount will be converted and credited to the Provider's account in Czech crowns according to the current conditions and exchange rate of the Provider's bank.
IV. Delivery Terms
1. Online Courses
When purchasing an online course or other digital content, after payment of the price, the Provider may create a user account for the customer on the web interface, and access credentials to the user account will be generated and sent to the email provided by the customer in the order. Alternatively, the course or other digital content may be distributed via email or another method specified by the Provider in the product description.
2. Materials for Download
In the case of products that are downloadable from the web environment, the Provider will send links and other access credentials to customers, enabling them to download the purchased product. The condition for sending such links or access credentials is the full payment of the price of such product or fulfillment of other conditions specified by the Provider (e.g., filling out a form). These conditions also apply to digital content in exchange for personal information (contact details) instead of payment (so-called magnets, see below).
3. Consultations and Meetings
Online or in-person consultations (including coaching and mentoring services) will be provided according to the conditions specified in the service description on the web interface or individually negotiated. In the case of group events, the Provider reserves the right to cancel the educational event if there is a lower number of registered participants or due to force majeure.
4. Packages
The Provider expressly states that in the case of purchasing a "package" or otherwise discounted or specially assembled product consisting of consultations or similar services and other products, in the event that not all components (consultations or individual lessons, etc.) are utilized due to reasons on the customer's side, the funds paid for these components of the product are not refunded; the price is determined for the product as a whole, not for its (as yet unused) parts.
V. Additional Conditions for Providing Products
Change of Personal or Online Consultation Date
1. The customer expressly acknowledges that in the case of a service or part of a product (such as coaching or mentoring) being personal or online consultation, it is possible to request a change of date due to particularly serious reasons on the customer's side (such as illness, etc.) no later than 48 hours before this event. This option can only be used once within the scope of the given product or service; otherwise, the date is forfeited without compensation. In cases deserving special consideration, the customer may request individual arrangement from the Provider, but the right to change does not arise automatically. This arrangement does not apply to products and services where group online consultations for a group of participants are arranged; in such cases, individual changes of consultation dates are excluded.
Apology for Live Group Events (Workshops, Group Oil Meetings, etc.)
2. In the case of a one-time live event (workshops and similar activities including group oil meetings, etc.), it is possible to apologize up to 14 days before the event; in such a case, the Provider will refund the full amount paid by the customer. If the customer apologizes in the period from 13 to 7 days before such an event, the Provider will refund 50% of the price of this event. Late apologies will not be considered by the Provider, and the Provider is entitled to demand full payment for the event (the paid price belongs to the Provider as compensation for the place at this event). However, in the case of purchasing a one-time live event, it is possible to always send a substitute in case of absence.
User Accounts
3. In the event that the Provider creates user accounts for its customers for the use of certain products, the customer is required to maintain confidentiality regarding access data to their user account and prevent their use by third parties. Furthermore, the customer undertakes to keep the information provided in the user account current and truthful.
Other Means of Distributing Products
4. In the event that an online course or other digital content is distributed through means other than the membership section, access data to another platform through which the course will be available will be provided to the customer, or it will be distributed via email (in the form of email messages) or by another means reserved by the Provider. After logging in using the access data, the digital content (online course) will be provided by accessing the membership section or through another platform, usually within three days of payment unless a specific course launch date is specified. If it is efficient considering the content continuity, individual lessons will be made available gradually according to the Provider's schedule.
Exclusion from Participation
5. The Provider reserves the right to exclude the customer from participating in an online course, including participation in the Provider's Facebook groups, or from educational events including online group meetings, webinars, as well as live meetings and events, etc., if the customer disrupts the group's functioning, the course or meeting proceedings (e.g., inappropriate behavior, insulting other participants, etc.). In the event of exclusion for reasons stated in this paragraph, the customer is not entitled to a refund of the paid price.
Duration of Product Provision
6. The Provider reserves the right to provide ordered products only for the period specified in the description of the specific product, with the specified period starting from the payment of the order by the customer. In the event of circumstances on the Provider's side requiring an extension of the provision period of the ordered product, the Provider is entitled to extend the period of providing the product.
Magnets
7. These terms and conditions also govern the legal relationship between the Provider and the customer if the Provider provides digital content in exchange for personal data instead of payment, the so-called "magnet" (and the Provider processes the personal data provided for purposes other than providing digital content or fulfilling its legal obligations).
Updates
8. Unless otherwise stated in the product description, the Provider does not provide updates to purchased digital content.
Formats of Digital Content
9. The digital content provided by the Provider is in entirely standard, commonly available formats (in the case of downloadable materials, usually in PDF format, recordings in MP3 or MP4 format, videos are usually distributed through the YouTube platform, for online meetings, the Provider uses Zoom or similar platforms). Standard equipment supporting the specified technologies and internet connection is sufficient for customers to use digital content.
VI. Termination of Contract
1. The Provider is entitled to terminate the contract if, for objective reasons, it is impossible to provide the service or product under the original conditions, if performance becomes objectively impossible or unlawful, in the event of a material breach of these terms, the contract, or inappropriate, offensive, or similar conduct by the customer when using the Provider's website and other services. The Provider's termination will always be justified by reasons stipulated by law or specified in these terms. Termination is effective upon notification to the customer.
2. Considering that in the case of purchasing digital content, the Provider immediately provides the consumer with digital content in a manner excluding the possibility of returning the performance, the customer cannot withdraw from the contract in such cases. Due to these circumstances deserving special consideration, the right to withdraw within 14 days of a contract concluded at a distance and to demand a refund of the entire paid price is excluded for digital content offered through the Provider's websites or other internet services. In such cases, the Provider will also inform the user of this fact through its website, and if the customer does not agree with this provision, the digital content will be provided/accessible only after the expiration of the 14-day period from the conclusion of the contract.
3. The same procedure will be followed if the customer purchases a service in which the Provider exclusively reserves a place (participation), and for this reason, it is not possible to offer such a service to another customer in the specified term, as it constitutes a contractual relationship akin to a leisure time utilization agreement.
4. If for certain products of the Provider with the possibility of contract termination, this fact will be stated within their description on the website or in the order, or it will be indicated what deadline for contract termination is provided to the customer.
5. The consumer is further entitled to terminate the contract for the provision of digital content concluded remotely if the Provider does not deliver the digital product promptly after payment or within an additional deadline set by the customer; however, this provision does not apply if the digital content is provided at a later date for reasons specified in the preceding paragraph 2. The customer may withdraw from the contract without an additional deadline only if it is apparent from the Provider's statement or the circumstances that the Provider will not provide the digital content, or if it follows from the agreement of the parties or from the circumstances at the conclusion of the contract that performance is necessary within a specified time. However, it is explicitly stated that this provision does not apply in the case of so-called pre-sales when the delivery date of the performance is specified.
VII. Liability for Defects and Complaints
1. The customer is entitled to assert their rights arising from defective performance if the service or digital content exhibits a defect. The customer, acting as a consumer, may assert a defect within 6 months from the provision of the service or receipt of the product, in the case of services or digital content such as "courses," "recordings," "downloadable materials," and similar items. For the provision of goods or other tangible products, a period of 24 months from receipt is established. In such a case, if possible, the customer may request the removal of the defect (or it will be assessed if it is impossible or unreasonably costly), a reasonable discount, or contract termination, the choice being made by the customer. The customer shall assert their rights arising from defective performance with the Provider by email promptly after its discovery. In the course of a complaint, the Provider shall then rectify the defect within a reasonable period so as not to cause significant inconvenience to the customer. If the customer is not acting as a consumer, the Provider shall be responsible for defects occurring in digital content upon receipt, and the customer shall promptly raise them.
2. The customer is not entitled to withdraw from the contract if the defect is insignificant.
3. It is stipulated in accordance with the law that a reasonable discount shall be determined as the difference between the value of the defect-free digital content and the defective digital content provided to the customer. If the digital content is to be provided for a certain period, the time during which it was provided defectively shall be taken into account. If the digital content is provided in exchange for the customer's personal data instead of payment, the customer cannot demand a reasonable discount.
4. Monetary amounts that the Provider is required to refund to the customer due to defective performance, either as a result of granting a reasonable discount or if the customer withdraws from the contract, shall be reimbursed by the Provider at its own expense without undue delay, but no later than fourteen days from the date the customer asserted the relevant right arising from defective performance with the Provider.
5. Rights and obligations regarding rights arising from defective performance shall be governed by the relevant mandatory legal regulations (in particular, Sections 1914–1925, Sections 2161–2174b, and Section 2389a et seq. of the Civil Code).
6. Defects in digital content must be promptly reported to the following email addresses: [email protected] or [email protected] The responsibility for defects always lies with the Provider who provided the specific service, product, or digital content and is therefore the seller/provider in relation to the customer.
7. A period of 30 days is set for resolving customer claims under the complaint procedure, with the Provider being obliged to notify the customer of the outcome of the complaint procedure by the end of this period. If, for objective reasons, it is not possible to settle the customer's claims within the 30-day period, the Provider shall inform the customer by the end of this period of when their claims will be settled, as well as the reason for extending this period for resolving the customer's claims.
VIII. Final Provisions
The Provider offers products to the extent and in the manner specified in the description on its website. The Provider shall not be held responsible for any financial or personal benefits or other specific advantages and outcomes that the customer may gain after using the provided products. Specifically, the Provider shall not be held liable for the success or results achieved by the customer when applying the Provider's products or utilizing the knowledge and advice from the Provider's products, as these depend on circumstances beyond the Provider's control and rely on the customer's actions and decisions. Furthermore, the Provider advises the customer that they are responsible for the decision to use the Provider's products. The customer should be in good physical and mental condition, without any health-related physical or mental conditions or limitations that could potentially be unfavorable or dangerous for them or other participants. The customer utilizes the Provider's products at their own risk.
The Provider is the author and performer of copyright to services and products, websites, and their individual components, if they have the character of a copyrighted work, unless stated otherwise within the websites. The Provider is the author and performer of copyright to components of online products, if they have the character of a copyrighted work. Unauthorized use of the work without the Provider's consent or any other unauthorized exercise of rights to the works is prohibited. This prohibition includes, in particular, unauthorized copying, reproduction, and distribution, and any other unauthorized handling of websites, articles, online recordings, audiovisual works, and others.
For the resolution of disputes arising from liability for defects, the competent general courts shall be applicable, including for customers acting as consumers. Furthermore, in the case of out-of-court resolution of consumer disputes arising from the contract, the Czech Trade Inspection Authority, headquartered at Štěpánská 44, 110 00 Prague 1, ID: 000 20 869, website: https://adr.coi.cz/cs, shall have jurisdiction. The Online Dispute Resolution platform available at https://ec.europa.eu/consumers/odr may also be used for the resolution of disputes between the Provider and the customer arising from the contract, except for consumer disputes with the aforementioned exception.
Deviating provisions from the terms and conditions may be agreed upon in a contract concluded between the Provider and the customer. Deviating agreements in the contract shall take precedence over the provisions of the general terms and conditions.
Provisions on personal data protection and handling of cookies can be found in other sections of the Provider's website.
The wording of these general terms and conditions may be amended or supplemented by the Provider, and such changes shall become effective upon publication of the new general terms and conditions (their amendments) on the Provider's website. This provision does not affect the rights and obligations arising during the effectiveness of the previous version of the terms and conditions.
If any provision of the terms and conditions is invalid or ineffective, or becomes so, the provision whose meaning comes closest to the invalid provision shall replace it. The invalidity or ineffectiveness of one provision does not affect the validity of the other provisions.
The contractual relationship and the rights and obligations of the parties under these terms and conditions shall be governed by the relevant provisions of the Civil Code.
As part of its online presentation, the Provider uses reviews from real customers of its services and digital content, which it has obtained from these customers either based on their spontaneous written reactions to the Provider or upon request after using the service or consuming the digital content. The Provider always approaches specific (paying) customers to obtain reviews. Reviews are not edited; the Provider only reserves the right to shorten them or correct grammatical or stylistic errors for editorial reasons.
These general terms and conditions shall become valid and effective as of May 1, 2024, when they were published on the website.
Štěpánka Hojdová
Tereza Kalinová