GENERAL TERMS AND CONDITIONS
for the sale of e-books, online courses, educational events, and consultations
Dear visitors of the website www.petravymetalikova.com, you have just arrived at the page with the general terms and conditions for the sale of my e-books (electronic books), online courses, consultations, and the offer of educational events.
On the website www.petravymetalikova.com (hereinafter referred to as „the website“), you have probably already read the details about the product or educational event you have selected.
These General Terms and Conditions (hereinafter referred to as „GTC“) contain information that you need to have available before you click on the order button. Please read them carefully. Before placing your order, you will also tick the box „I agree to the terms and conditions“. If you read the GTC, your consent will be a real consent.
WHEN ARE THE GTC USED AND WHAT IS THEIR RELATIONSHIP TO THE CONTRACT?
The GTC apply to the sale of e-books, online courses, and consultations (both referred to in the following text simply as „products“) and the order of workshops, seminars, courses, educational stays (hereinafter referred to as „educational events“) through the website interface.
The GTC also provide more detailed conditions for the implementation of educational events. The purchase of products and the ordering of educational events and the process of concluding a contract are 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 is based on a Purchase Contract concluded between me as the Seller and you as the Buyer. The provision of educational events is based on a Service Provision Contract concluded between me as the Provider and you as the Client (as the recipient of the service).
If only the term „Contract“ is used in the GTC, this refers to both the Purchase Contract and the Service Provision Contract. The Contract is concluded in the English language, archived in electronic form, and is not accessible to third parties. The Contract consists of your order (completed order form on the website interface) and its acceptance by me and these GTC.
Content of the GTC:
- Basic information about me
- Important terms to make it clear what is being discussed here III. How to place an order and conclude a contract?
- How are the prices of products and educational events set and how do you pay for them?
- How will the products and educational events be delivered to you?
- What about the functionality of digital content and its compatibility with hardware and software, as well as copyrights?
- Withdrawal from the Contract
- Warranty, Rights from Defective Performance and Complaints Procedure
- Complaints Handling, Consumer Dispute Resolution
BASIC INFORMATION ABOUT ME
Petra Vymětalíková ID number: 08006661 Address: Panská zahrada 479, 252 31 Všenory, Czech Republic
Phone: +420 602 548 914
I am registered in the trade register of the Czech Republic. I am not a VAT payer. The delivery address is the same as the registered address.
I am available to you via the email and phone provided for regular communication and for dealing with any complaints or issues. In the rest of the text, I will refer to myself as the „Seller.“
IMPORTANT TERMS TO UNDERSTAND THE TEXT WHO IS THE BUYER?
The buyer is a person who, through the website interface, enters into a Purchase Agreement with me to purchase one of the offered products. When purchasing e-books and online courses, it involves the provision of so-called digital content (a term used directly in the Civil Code). In the text below, I will refer to the buyer as the client who orders an educational event through the website interface and enters into a Service Agreement with me.
Although I assume that the typical buyer who purchases products or orders an educational event will be a consumer, the buyer may also be a business entity (a self-employed individual or a legal entity, such as an LLC or a joint-stock company).
WHO IS A CONSUMER?
According to the law, a consumer is an individual who does not act within the scope of their business activities or their self-employed profession. If you are an individual and provide your business ID in the order, I will assume that you are entering into the agreement as a business entity, not as a consumer.
WHAT IS A CONSUMER CONTRACT?
It is a contract in which the buyer is a consumer. Consumers have a more advantageous position in many cases than other buyers. If any right pertains only to a consumer, this is explicitly stated in the terms and conditions (i.e., „consumer“ is stated instead of „buyer“).
WHAT IS A CONTRACT CONCLUDED BY DISTANCE MEANS?
It is a contract concluded through DISTANCE COMMUNICATION TOOLS, i.e., it is concluded without us having to meet in person, as we use the website interface to conclude the agreement. As the buyer, you are responsible for the costs associated with the use of distance communication tools (particularly the costs of an internet connection and any phone calls) and these costs do not differ from the standard rates charged by your operator or internet service provider. By placing an order, you expressly agree to the use of distance communication tools.
WHAT ARE THE LEGAL REGULATIONS GOVERNING THE CONTRACTUAL RELATIONSHIP?
These are valid legal regulations, especially Act No. 89/2012 Coll., the Civil Code of the Czech Republic (hereinafter referred to as the „CC“), and in cases where the Buyer is a consumer, also Act No. 634/1992 Coll., on Consumer Protection.
HOW TO ORDER AND CONCLUDE A CONTRACT?
As a Buyer, you order products and educational events through the web interface, i.e., through the ordering system on the website, by filling out the order form provided there.
DESCRIPTION OF PRODUCTS AND EDUCATIONAL EVENTS: On the web interface, you will find a detailed description of the offered e-books, online courses, consultations, 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 from clients who have purchased the products before you. The presentation of products on the web interface is for informational purposes only. As the Seller, I am not obliged to conclude a contract. Section 1732 (2) of the CC does not apply.
ORDERING PRODUCTS AND EDUCATIONAL EVENTS (WITH THE DATE OF PERFORMANCE ALREADY STATED ON THE WEB INTERFACE):
To order through the web interface, use the order/reservation form, where as a Client, you will fill in your contact information (name, surname, address, e-mail, and in the case of ordering for a company, also company details, ID, VAT number), information about the ordered product (by placing the ordered product in the „cart“ of the web interface), and in the case of ordering an educational event, you will select a specific event and choose the method of payment. If it is necessary to provide additional information for sales within or outside the EU, it will be indicated on the order page.
Before sending the order, you will be able to check and change the information entered in the order form and, if necessary, correct any errors and discrepancies. Send the order by clicking the order button below the order.
I will inform you by e-mail sent to your electronic address, including an invoice for the product, about the acceptance of the order made through the order form on the web interface. The contract is concluded by the delivery of this confirmation of the acceptance of the order to your electronic address specified in the order. In the case of educational events, the contract is concluded only when both the order is confirmed and the fee is paid in the amount stated in the description of the given educational event on the web interface, unless expressly stated otherwise.
Any changes to the Contract (including cancellation of an order) are possible only upon agreement between us. Until the Contract is concluded, you may cancel your order by email sent to my electronic address provided in the „Basic Information About Me“ section in Art. I. of these T&C.
In case of doubts, I may contact you to verify the authenticity of the order, and if it is not possible to verify the authenticity of the order, it will be considered that the order was not submitted, and I will not deal with such an order any further.
Ordering products and educational events through the web interface is possible 24 hours a day, 7 days a week. However, please note that there may be occasional temporary unavailability of the website due to necessary maintenance or circumstances beyond my control, such as internet connection failures, etc.
The delivery does not include updates to digital content. The provisions on the provision of digital content shall also apply if the user provides or undertakes to provide his/her personal data to the provider instead of a fee, unless the provider processes them solely for the purpose of providing digital content or only to fulfill its legal obligations.
WHAT ABOUT PRICING AND PAYMENT?
PRICE OF PRODUCTS and EDUCATIONAL EVENTS: The price is also stated on the web interface. The price is valid as long as it is stated on the web interface. The cost of delivery or any other costs related to the delivery of e-books, consultations, online courses, and educational events are not included, so the price stated in the summary of the order is the final price. For educational events, the web interface states what the price includes (e.g. whether refreshments are included).
The agreed price is the price stated for the product or educational event at the time of sending your order. If there is an obvious error in stating the price on the web interface (this mainly refers to typos, errors in entering the price), or a similar error in the Contract conclusion process, I am not obliged to deliver the product at such an obviously incorrect price, even if an automatic confirmation of the order has been issued. If you have already paid such an obviously incorrect price, I am entitled to withdraw from the Contract and refund the paid amount. If the price changes between the time of sending your order and its confirmation by me, the price valid at the time of sending the order applies, unless we explicitly agree otherwise.
Unless explicitly agreed otherwise between us, I am obliged to deliver the product only after the full payment of the agreed price.
PAYMENT METHOD: The agreed price can be paid by the following means:
PRODUCT AND EDUCATIONAL EVENT PRICING: The price is listed on the web interface and is valid as long as it is listed on the web interface. Shipping costs or any other costs associated with the delivery of e-books, consultations, online courses, and educational events are not included in the price listed in the order summary, so it is the final price. The web interface specifies what is included in the price of educational events (such as whether refreshments are included).
The agreed price is the price listed for the product or educational event at the time of placing your order. If there is an obvious error in the price listed on the web interface (such as a typo or input error) or a similar error in the process of concluding the contract, then I am not obliged to deliver the product to you at such an obviously incorrect price, even if there is an automatic confirmation of the order acceptance. If you have already paid such an obviously incorrect price, I am entitled to withdraw from the contract and return the amount paid to you. If the price changes between the time you place your order and my confirmation, the price valid at the time of placing the order applies, unless we agree otherwise.
Unless otherwise expressly agreed between us, I am obliged to deliver the product to you only after full payment of the agreed price.
PAYMENT METHOD: The agreed price can be paid by the following methods:
By bank transfer to my bank account: Payment instructions, in the form of an invoice, will be sent to you in the order confirmation email. When making the payment, please remember to include the appropriate variable symbol so that the payment can be quickly matched and the product delivered as soon as possible.
PRICE DUE DATE: The price is due within 14 days of the order confirmation. The due date is indicated on the invoice. For educational events, the full price must be paid no later than 3 days before the event, unless expressly agreed otherwise between us. The price is considered paid when the corresponding amount is credited to my bank account.
Products cannot be paid for in installments.
How will the products and educational events be delivered to you?
Delivery terms of products:
DELIVERY METHOD. When purchasing an e-book or an online course, the digital content in PDF format or equivalent will be delivered by email as an attachment to the email message or by sending a link where the content can be downloaded or opened after payment of the purchase price.
In the case that the course is being opened for all registered users on the same day, you will receive access details on a previously announced date after payment. After logging in using the access details, the digital content (online course) will be delivered by accessing the membership section. If it is efficient with respect to the content’s continuity, individual lessons will be made available progressively, according to the schedule listed on the „bulletin board“ of the online course membership section.
DELIVERY TIME. E-books and online courses will be delivered within 3 working days after payment is credited to my bank account.
SHIPPING COSTS. For e-books, no shipping or delivery costs are incurred or charged.
Delivery and cancellation terms of educational events:
DELIVERY METHOD: The educational event will be delivered according to the conditions listed in the event description on the web interface, or individually agreed upon. The buyer has the right to attend the educational event subject to full payment of the entire price for the educational event. The seller is authorized to unilaterally change the conditions of the educational event, such as the person teaching the lecture, the time of individual lessons, and the place of the event within the same municipality/city, while being obliged to notify the buyer. This does not affect the obligations between the buyer and the seller. The seller is responsible for ensuring that the purpose of the course is not affected by the change of conditions. The educational event will only take place if the minimum number of interested parties set by the seller orders and pays for it. I reserve the right to cancel the educational event in case of fewer registrants or force majeure, and all registered participants will be informed in a timely manner.
CONSULTATIONS will take place online at an agreed time on the ZOOM platform.
POSSIBILITY OF PARTICIPATION OF SUBSTITUTE: It is possible to send a substitute in place of the buyer to the educational event in case of serious reasons preventing the buyer’s participation, only after prior agreement with me and if it is permissible and possible given the content of the educational event.
EDUCATIONAL MATERIALS AND INFORMATION: All information and any written documents, materials, scripts, audio recordings and media, recommendations, techniques, personal data, and other methods provided by the lecturer leading the event are intended solely for the purposes of the specific educational event and personal use by the buyer. Any other use, reproduction, or dissemination of these materials without my prior written consent is prohibited.
RESPONSIBILITY DURING THE EDUCATIONAL EVENT: The Buyer is fully responsible for their own decisions and actions towards themselves and others during the entire duration of the educational event. Every participant, including the event leader, is responsible for any damages caused to themselves or other Buyers due to their careless or other behavior, as well as for any damage caused to the property and facilities used during the educational event.
POSSIBILITY TO EXCLUDE THE BUYER FROM PARTICIPATION: Buyers are required to not disrupt the course of the educational event. The Seller or the event leader has the right to exclude the Buyer from participation if they do not respect these terms and conditions, and as a result, damage the content of the educational event, other Buyers, or the event leader, or if they disturb the event through inappropriate behavior (such as repeated interruptions, attending under the influence of alcohol or other substances, insulting the event leader or other participants). In the event of the Buyer’s exclusion from the educational event, the Buyer is not entitled to a refund of the already paid course fee, not even a partial refund.
CANCELLATION POLICY: In the event that the educational event or consultation is cancelled due to reasons on my side and you, as the Buyer, have already paid the fee, you will receive the full amount back within 14 days from the day when the decision to cancel the event is made, unless we explicitly agree to use the payment for an alternative event of your choice or another solution. If not agreed otherwise, the payment will be returned to you in the same way it was received. As the Buyer, you have the right to cancel your participation in the educational event. If you have already paid the fee and cancel your participation no later than 2 working days before the start of the educational event or consultation, the full payment will be refunded. If you cancel your participation in a shorter time frame, the fee is non-refundable.
HOW DOES FUNCTIONALITY OF DIGITAL CONTENT WORK WITH HARDWARE, SOFTWARE, AND COPYRIGHTS?
I will send the digital content (e-book, online course) only to you, as the buyer, to your email address or by providing access to a website/Facebook group where the content is located. The digital content requires functional hardware and software equipment to open and work with documents in PDF format. To download the product from the website, a functional internet connection is also required. I am not responsible for content unavailability due to the dysfunction or slow speed of your internet connection. It may happen that the content is temporarily unavailable due to data maintenance or server downtime.
The products are created using my knowledge, experience, and years of practice. They consist of instructions and recommendations, and it is up to you to decide how to use them in practice and how much care and effort you will devote to implementing this information. Therefore, I cannot be held responsible for the specific results you achieve based on the products. The products do not replace personal consultation. The digital content is protected by copyright and cannot be further distributed or used by others without my prior express written consent. Copyright infringement may not only result in civil liability but also in criminal charges.
USER ACCOUNT. After purchasing the online course, you will receive access credentials to log into your user account upon payment of the price, as stated in the delivery terms (Art. V. T&C). You agree to maintain confidentiality about the access credentials and not to allow their use by third parties. As a buyer, you also agree to keep your user account information current and truthful. In case of a serious breach of your obligations arising from the Contract or these T&C, I am entitled to block or cancel your user account. Similarly, in the event of a breach of your obligations related to the protection of copyright.
VII. WITHDRAWAL FROM THE CONTRACT
E-BOOKS AND ONLINE COURSES: According to § 1829 paragraph 1 of the Civil Code, as a Consumer, you have the right to withdraw from the Purchase Agreement without giving any reasons within 14 days from the date of conclusion of the Agreement. According to § 1837 letter l), this possibility can be excluded for e-books and online courses (digital content). Since I am confident in the quality of e-books and online courses, and at the same time, I want you to have the opportunity to study them in peace, I give all Buyers the option to use the guarantee, i.e. the possibility to withdraw from the Purchase Agreement (and request a refund) without giving any reasons within 15 days from the delivery of the e-book or online course (the period is counted from the day you were provided with access details to the online course). If you decide to use this option, then the withdrawal from the Agreement must be sent by e-mail to firstname.lastname@example.org or sent by post to my address stated in Art. I of these T&C within the set guarantee period. You do not have to justify the withdrawal.
Within 14 days of withdrawal from the Purchase Agreement or using the guarantee, I will refund the money I received from you as payment for the e-book or online course. I will refund the money in the same way you paid it, unless you agree to a different payment method that would not involve any additional costs for you.
EDUCATIONAL EVENTS: Withdrawal from the Agreement is not possible in the case of a contract for the use of free time, if the Seller provides this service within a designated period (§ 1837 letter j) of the Civil Code). The contract for the provision of services – educational events is also considered a contract for the use of free time if it meets the condition of the Buyer’s use of free time and the provision within a predetermined period (and that is why the conditions for canceling participation are addressed above because in the case of my educational events, it is a contract for the use of free time).
If you fail to pay the full price within 10 days after the due date, the Agreement is cancelled. If I received a partial payment of the purchase price from you before that, I will return it to you within a week of the Agreement’s cancellation, unless we expressly agree otherwise.
Both you as the Buyer and I as the Seller are also entitled to withdraw from the Agreement in cases specified by law or listed in these T&C.
If a gift is provided to you together with the product or educational event, a gift agreement is concluded between us with a condition that if you withdraw from the Agreement without giving reasons, the gift agreement becomes ineffective, and you are obliged to return the gift provided to me within 14 days from the withdrawal from the Agreement.
VIII. WARRANTY, RIGHTS ARISING FROM DEFECTIVE PERFORMANCE, COMPLAINTS PROCEDURE
Rights arising from defective performance are governed by applicable laws and regulations, in particular by provisions of Sections 1914 to 1925, 2099 to 2112, and 2161 to 2174 of the Civil Code.
Rights arising from a warranty are governed in particular by provisions of Sections 2113 to 2117 of the Civil Code.
As the Seller, I am responsible for ensuring that the product has no defects upon delivery. If you are a Consumer and a defect appears within 6 months of delivery, it is presumed that the product was defective at the time of delivery. If you are a Consumer, I am also responsible for ensuring that defects do not arise within the warranty period, which lasts for 24 months from the delivery of the product. If you are not a consumer, I am only responsible for defects that the product had upon delivery.
In the event of a defect that cannot be remedied or in the event of repeated defects or the occurrence of a larger number of defects, you have the right to demand a replacement of the product with a new one or to withdraw from the Contract. In the case of a remediable defect in an unused product, you may request its remedy or a reasonable price reduction, or, if not unreasonable, the replacement of the product with a new one. If you do not withdraw from the Contract or do not exercise your right to receive a new product without defects or a repair, you may demand a reasonable price reduction. You may also request a reasonable price reduction if I am unable to provide you with a new or functionally repaired product without defects or if I fail to effect a repair within a reasonable period of time or if such repair would cause you significant inconvenience. With regard to e-books and online courses, given the nature of the product, defects may mainly involve unavailability of content (non-functional access data) or missing parts of the content.
The price reduction is determined in accordance with the law, under which a reasonable price reduction is determined as the difference between the value of the digital content without defects and the defective digital content provided to the user. If digital content is to be provided for a certain period of time, the period for which it was provided in a defective manner will be taken into account. In the case of digital content provided in exchange for personal user data instead of a fee, the user cannot demand a reasonable price reduction.
You are not entitled to rights arising from defective performance if you knew about the defect before taking delivery of the product, or if you caused the defect yourself. Warranty and liability for defects do not apply to defects caused by incorrect use of the product.
Please submit your complaint to me without undue delay after discovering defects at the email address email@example.com. You may also inform me of your complaint in advance by email. If the e-book or online course (or access data) has not been delivered within the delivery period, please first check the „Spam“ and „Promotions“ folders.
The provider shall return any monetary amounts that they are obliged to provide to the user due to faulty performance, whether through the provision of an appropriate discount or if the user withdraws from the contract, at their own expense and without undue delay, but no later than fourteen days from the day the user asserted their right to faulty performance with the provider.
I would appreciate it if you attached an invoice or other proof of purchase, described the defect being claimed, and proposed a solution to the claim when submitting a complaint. I will handle the complaint without undue delay, no later than 30 days, unless we expressly agree otherwise. I will provide you with written confirmation of the submission and handling of the complaint.
RESOLVING COMPLAINTS, CONSUMER DISPUTE RESOLUTION
If you have any complaints regarding the concluded Contract, its performance or my activities, please contact me at firstname.lastname@example.org.
I operate on the basis of a trade license, the relevant trade office is the supervisory authority, and compliance with consumer protection regulations is overseen by the Czech Trade Inspection. Compliance with personal data protection regulations is supervised by the Office for Personal Data Protection. You can also contact these authorities with your complaints.
If a consumer dispute arises between the Seller and the Consumer, the Consumer has the right to its out-of-court resolution. The subject of out-of-court resolution under Act No. 634/1992 Coll., on Consumer Protection, is the Czech Trade Inspection. All details regarding out-of-court dispute resolution are provided on the Czech Trade Inspection’s website www.coi.cz. The Consumer can also use the online dispute resolution platform established by the European Commission at http://ec.europa.eu/consumers/odr/.
The Contract is concluded for a fixed term, until the obligations of the Seller and the Buyer arising from the Contract are fulfilled.
Personal data protection is addressed in a separate document.
Please note that I am authorized to unilaterally change these T&C, but the text of the terms and conditions that is in effect at the time of placing the order always applies to the Buyer. This version of the terms and conditions is in text format in a pdf file and as an attachment to the order confirmation email.
These T&C are effective as of March 1st, 2023.