Effective from 1.11. 2023
Introductory Provisions
1.1. These general terms and conditions (hereinafter referred to as “GTC”) apply to each Purchase Agreement for the sale of Products of the Seller, who is Elsa Šebková, ID: 08027455, who is not a VAT payer, with registered office at Humburská 1002, 504 01, Nový Bydžov as a registered natural person in the trade register, the registering authority is the Nový Bydžov Municipal Office.
The contact address for e-mail delivery of the Seller is: elsa_sebkova@centrum.cz
1.2. These General Terms and Conditions govern the rights and obligations between the Seller and the Buyer in the area of the sale of goods between Elsa Šebková, IČ: 08027455, with registered office at Humburská 1002, 504 01, Nový Bydžov, (hereinafter referred to as the “Seller”) and the customer (hereinafter referred to as the “Buyer”).
1.3. The purchase of Products takes place on the basis of the Purchase Agreement concluded between the Seller and the Buyer. The process of concluding the Purchase Agreement is described in detail in Article 2 of the General Terms and Conditions. These General Terms and Conditions are a document that is an integral part of the Purchase Agreement and details and explains the rights and obligations of both parties to the Purchase Agreement, i.e. the Buyer and the Seller. Provisions in the Purchase Agreement that are different from the provisions of the General Terms and Conditions take precedence (ie the text of the Purchase Agreement is above the text of the General Terms and Conditions). The General Terms and Conditions also address some other issues related to the purchase of digital content or the use of the website https://syntropickezemedelstvi.cz/.
1.4. If the contracting party is a consumer (a person other than an entrepreneur who places an order as part of his business activity), relationships not regulated by the General Terms and Conditions are also governed by the General Terms and Conditions and the Consumer Protection Act.
1.5. These GTC are listed on the Seller’s website and apply to the purchase of Products described in Article 12 of the GTC and offered via Elsa Šebková’s website https://syntropickezemedelstvi.cz/.
2.ORDER AND CONCLUSION OF PURCHASE AGREEMENT
2.1. The Buyer orders the Products via the Website, i.e. through the automatic ordering system, by sending a completed order form.
2.2. The Website contains a detailed description of the Products offered, including what they contain, who they are intended for, what they can bring to the Buyer and in what format they are provided. In the Product description, there is also a price including VAT. If the price without VAT is indicated, the price with the relevant VAT rate is also indicated. The price is also always indicated on the order form. All presentations on the website are of an informative nature. The sales offer remains valid for as long as it is displayed on the Website. The Seller is not obliged to enter into a Purchase Agreement regarding these products. The provision of § 1732, paragraph 2 of the Civil Code does not apply.
2.3. The order form always contains information about the Buyer, the Product being ordered, the price, including taxes and fees, the method of payment of the purchase price, information about the required delivery method and information about the costs associated with the delivery of the product or the service provided. To order Products via the Website, an order form is used, where the Buyer fills in the name, surname, address, email, telephone number, company registration number, tax identification number, and optionally chooses the method of payment and selects the selected Product or Products by marking (clicking).
The order is submitted by the Buyer by clicking the “Submit” button.
The Seller will inform the Buyer about the receipt of the order by e-mail sent to the electronic address that the Buyer entered in the order. Information about the receipt of the order is sent automatically. If the confirmation does not state that the Seller accepts the order, the Seller will send the Buyer information about the acceptance of the order in a subsequent e-mail. Until the confirmation of order acceptance is delivered to the Buyer, it is possible to cancel the order by e-mail (to the address specified in Article 1.1 of the General Terms and Conditions). The Purchase Agreement is concluded upon delivery of the order acceptance confirmation to the Buyer’s electronic address specified in the order. In case of doubt, the Seller may contact the Buyer for the purpose of verifying the authenticity of the order, and if the authenticity of the order cannot be verified, it is assumed that the order was not placed at all and the Seller is no longer dealing with such an order.
2.4. The Seller is obliged to deliver the Product or Products ordered and paid for by the Buyer, and the Buyer undertakes to take delivery of the Product and pay the Purchase Price to the Seller. The Seller is released from the obligation to deliver the Product in case of stock out, of which the Buyer will be informed.
2.5. The purchase contract is concluded in the Czech language. It consists of the Buyer’s order, its acceptance by the Seller and these GTC. The contract, or the relevant tax document, will be stored in the Seller’s electronic archive for a period of 5 years from its conclusion and is not accessible to third parties.
2.6. Information on the individual technical steps leading to the conclusion of the Purchase Agreement can be seen from the ordering process, and the Buyer 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.
2.7. The Buyer agrees to the use of means of distance communication when concluding the Purchase Agreement.
2.8. Title to the Products passes to the Buyer upon payment of the Purchase Price and acceptance thereof.
PRODUCT PRICE AND PAYMENT
3.1. The price of the products, including information on whether the price is with or without VAT, is listed on the Seller’s website. If the price without VAT is indicated, the price with the relevant VAT rate is also indicated. The price is always indicated on the order form as well. The currently valid price of individual Products is always listed on the website. The price is valid for the entire time it is listed on the website.
3.2. If a promotional price is indicated, it is also indicated under what conditions and for how long the promotional price is valid. The amount of the discount on all Products always depends on the price before the discount. I.e. from the lowest price at which the product was sold in the previous 30 days. The overview of prices is recorded by the Seller in a separate register.
3.3. There is no delivery charge for digital content. Due to the nature of the products, there are no shipping costs or other costs associated with its delivery. The calculated price shown in the order summary (i.e. before the Buyer clicks on the “Send” button) is therefore already the final price. Unless expressly agreed otherwise, the Seller is obliged to deliver the Product or Products to the Buyer only after full payment of the agreed Purchase Price.
3.4. The agreed purchase price is the price stated for the product at the time the order is sent by the Buyer (stated in the sent order form). If there is an obvious error when stating the price on the website (this means primarily a typo, an error when entering the price) or a similar error in the process of concluding the Purchase Agreement, then the Seller is not obliged to deliver the product to the Buyer at such an obviously incorrect price, even in if there has been an automatic order acceptance confirmation. In the event that the Buyer has already paid this obviously incorrect price, the Seller is entitled to withdraw from the Purchase Agreement. If there is a change in the Purchase Price in the period between the sending of the order by the Buyer and its confirmation by the Seller, the Purchase Price valid at the time of sending the order shall apply, unless otherwise expressly agreed between the Seller and the Buyer.
3.5. The purchase price of the product and any costs associated with the delivery of the Product or Products shall be paid by the Buyer to the account selected in the sales form in the following ways:
Cashless by bank transfer to the Seller’s bank account (payment usually takes 1-2 working days). You will receive payment instructions, in the form of an invoice, in your order confirmation email.
The Buyer is obliged to pay the purchase price together with the indication of 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.
Any other payment methods will be listed on the website or may be expressly agreed upon between the Seller and the Buyer. The purchase price is paid in Czech crowns or, if indicated, in Euros.
3.6. Payment is possible only in one time (without the possibility of installments), unless both parties agree otherwise.
3.7. Regarding payments made on the basis of the Purchase Agreement, the Seller issues a tax document to the Buyer – an invoice, which serves as proof of the purchase of the product. The seller is not a VAT payer.
3.8. The purchase price is payable within 10 days from the conclusion of the purchase contract (from the date of the invoice), unless otherwise stated, the customer’s obligation to pay the price for the Product is fulfilled when the relevant amount is credited to the Seller’s bank account. In the case of online payment by card or quick bank transfer, the purchase price is payable immediately after the conclusion of the Purchase Agreement. The provisions of § 2119, paragraph 1 of the Civil Code do not apply.
TERMS OF DELIVERY
4.1. For the Digital Content of the Products, delivery means the sending by the Seller of access data to the electronic products in the form of an e-mail with a login name and password after payment of the Purchase Price to the Buyer’s e-mail address specified in the sales form, or by sending a link to the URL address on which the content can be opened, viewed or downloaded.
4.2. After the delivery of the Product, the Buyer shall check the functionality and availability of the content as soon as possible, and if any deficiencies or defects are detected, the Buyer shall contact the Seller in order to make corrections. For digital content to be fully functional, the Buyer must have hardware and software equipment that enables, in particular, to open and play the video. Details are provided in Article 6 of these GTC.
4.4. Products with the exception of Products that will be held live (live events) will be provided by the Seller to the Buyer only after payment of the entire Purchase Price, and no later than three days after the payment is credited to the Seller’s bank account, unless otherwise specified.
4.5. For Products that will be held live (live events), delivery by the nature of the Product will be determined by the date of the live event, which is specified in detail for the individual live event on the order form. The Seller will provide the Buyer with participation in live events only after payment of the Purchase Price.
COPYRIGHT PROTECTION
5.1. The products that the Seller offers and sells through the Internet pages, including their content, are subject to legal protection according to Act No. 121/2000 Coll., Copyright Act, as amended. Any distribution or provision of them to third parties without the consent of the author is prohibited. The right to exercise the right to use the copyrighted work can only be granted to the customer on the basis of a license agreement. The buyer is responsible to the seller for the damage caused by the violation of copyright protection rights.
DATA ABOUT DIGITAL CONTENT FUNCTIONALITY AND ITS INTERACTION WITH HARDWARE AND SOFTWARE
6.1. The Seller sends digital content only to the Buyer to his electronic address, or by making available the address of the website where the content is located. Digital content requires the Buyer to have hardware and software to open and play the video to be fully functional. An internet connection with a sufficient connection speed is necessary to play content online. Furthermore, it is necessary that the Buyer’s hardware enables audio output. The Seller is not responsible for the unavailability of content in the event of non-functionality or slow speed of the Internet connection on the Buyer’s side. Content may be temporarily unavailable for short periods of time due to data maintenance or server outages. The website may be updated without prior notice.
6.2. Upon purchase of a digital Product, the Buyer will receive access data to launch the Product upon payment of the price. In the event of a serious breach of the Buyer’s obligations regarding the protection of copyright arising from the Contract or these GTC, the Seller is entitled to disable or cancel the Buyer’s access data.
WITHDRAWAL FROM CONTRACT
7.1. If the Buyer is a consumer, he has the right, in accordance with § 1829 paragraph 1 of the Civil Code, to withdraw from the contract within fourteen days of receiving the Product, without giving a reason and without any penalty. This right does not serve as a method of solving a complaint about goods. By ordering and paying for the product, the Buyer expressly agrees that the product (digital content) will be delivered to him immediately, or within 5 working days after payment. If, on the basis of this consent, the product will be delivered to the Buyer within 14 days from the conclusion of the Purchase Agreement, then according to § 1837 letter l) OZ does not have the right to withdraw from the contract without giving a reason and refund money. The Buyer has the right to withdraw from the Purchase Agreement only in cases where OZ allows this due to product defects (for a conflict with the Purchase Agreement) – see below in Article 8 of the General Terms and Conditions or for other significant violations of the Seller’s obligations arising from the Purchase Agreement.
7.2. If the Buyer decides to withdraw within this period, the following procedure is recommended:
No later than the 14th day after taking over the product/goods, the Seller must be sent a notice of intent to withdraw from the contract.
Sample form for withdrawing from the contract (Buyer sends this information in case he wants to withdraw from the contract) :
Notice of Withdrawal
Recipient (here the consumer enters the first and last name, address and email address):
I/we announce (*) that I/we hereby withdraw (*) from the contract for the purchase of these goods (*)
Date Ordered (*)/Date Received (*)
First and last name of the consumer(s).
Address of the consumer/consumers
Signature of consumer(s) (only if this form is sent in paper form)
Date(*)
Buyers send the data by e-mail to elsa_sebkova@centrum.cz along with the order number, name and date of purchase. The amount will be refunded no later than 30 days after receiving the cancellation email.
7.3. Withdrawal from the contract by the Seller
The Seller is entitled to withdraw from the Purchase Agreement without undue delay if he discovers that the other party has violated the Purchase Agreement in a substantial way. For the purposes of this Purchase Agreement, the following shall be deemed to be a material breach of this Agreement: Buyer’s delay in payment of the Purchase Price or partial payment (installments) more than 10 days after the due date; breach of copyright protection obligations (Article 5 of the General Terms and Conditions) by the Buyer; in the event of unauthorized access to the Website and in other cases established by law. If the Purchase Price is not paid in full, the Seller has the right to withdraw from the Purchase Agreement and the obligation from the Purchase Agreement shall cease without further justification. The Seller is not obliged to return the payments received up to that time to the Buyer. In case of withdrawal from the Purchase Agreement, the Seller is entitled to immediately cancel access to the member section.
7.4. If the Buyer is provided with a gift or bonus together with the Product, the gift contract between the Seller and the Buyer is concluded with the severance condition that if the Buyer withdraws from the Purchase Agreement without giving reasons or the Seller withdraws from the Purchase Agreement for substantial breach of the Buyer’s obligations from the Purchase Agreement, the gift agreement ceases to be effective and the Buyer is obliged to return the gift to the Seller within 14 days of withdrawal from the contract at the latest. All gifts and bonuses are sent or made available only after payment of the Purchase Price, unless it is stated on the Website that they are sent after the expiration of the satisfaction guarantee period.
7.5. For Products that will be held live (live events), the following cancellation conditions apply:
– If the Buyer cannot attend the lecture/seminar for any reason, he/she has the option to send a substitute
– In case of cancellation 21 or more days before the date of the lecture/seminar, 100% of the amount paid will be returned to the Buyer.
– In case of cancellation 20 to 14 days before the start of the lecture/seminar, 50% of the total price will be refunded to the Buyer.
– If the Buyer cancels participation in the lecture/seminar later than 14 calendar days before its holding or does not participate in it at all, he will be charged a cancellation fee of 100% of the course price.
– If the event is canceled by the Seller, the money will be returned to the Buyer in full.
RIGHTS AND OBLIGATIONS FROM DEFECTIVE PERFORMANCE, CLAIMS
8.1. The rights and obligations of the contracting parties arising from defective performance are governed by valid legal regulations, in particular § 1914 to 1925, § 2099 to 2112 and § 2165 to 2174 of the Civil Code.
8.2. Warranty rights are governed in particular by the provisions of § 2113 to 2117 and § 2161 to 2164 of the Civil Code.
8.3. As the Seller, I answer to you that the product has no defects upon receipt. If you are a consumer, then if the defect becomes apparent within 6 months of receipt, the product is deemed to have been defective upon receipt. If you are a consumer, I am also responsible for the fact that defects do not occur during the warranty period, which is 24 months from receipt of the product.
8.4. In the event of the occurrence of a defect that cannot be removed or in the event of a repeated occurrence of a defect or the occurrence of a larger number of defects, you have the right to demand the replacement of the product for a new one or to withdraw from the Purchase Agreement. If you do not withdraw from the contract or exercise your right to receive a new product without defects, you can claim a reasonable discount. You can request a reasonable discount even if I am unable to supply you with a new product without defects, as well as if I do not seek redress within a reasonable time or if seeking redress would cause you significant difficulties. Due to the nature of the product, the unavailability of a part of the content, or a missing or illegible part, comes into consideration as a defect.
8.5. You are not entitled to rights from defective performance if you knew before receiving the product that the product had a defect or if you caused the defect yourself. The warranty and liability claims do not cover defects caused by improper use or storage of the product.
8.6. If the product (or access data) has not been delivered to you within the delivery time, please check your “bulk mail” or “spam” folders first. If you can’t find the product (access data) there either, file a complaint according to the following paragraph.
8.7. Make a complaint with me without undue delay after discovering the defects. You can make a complaint by e-mail to the electronic address elsa_sebkova@centrum.cz or send it in writing to the address specified in Article 1 of the General Terms and Conditions. I would appreciate it if you also attached an invoice or other proof of purchase, a description of the claimed defect and a proposed solution to the complaint. I will handle the complaint without undue delay, within 30 days at the latest, unless we expressly agree otherwise. If you are a consumer, I will provide you with written confirmation of making and processing a claim.
8.8. For complaints, please contact me by email at elsa_sebkova@centrum.cz. The claim should include proof of purchase and a description of the defect. You will be informed by e-mail about how to handle the claim.
8.9. The complaint will be dealt with without undue delay, no later than 30 days from the date of application of the complaint, unless the Seller and the Buyer agree on a longer period.
8.10. The Seller is not obliged to satisfy the Buyer’s claim if he proves that the Buyer knew about the product defect before taking it over or caused it himself. The seller is not responsible for defects arising as a result of normal wear and tear or failure to follow the instructions for use. The Seller is also not responsible for defects that may occur to the Buyer due to the Buyer’s slow internet connection, non-updated internet browser or non-installed mandatory software for launching the online product, which he is unable to influence.
DISCLAIMER OF LIABILITY
9.1. By purchasing the Products as a Buyer, you acknowledge and understand that any use of the information from the Products is solely in your hands and the Seller shall have no responsibility for it. The products and other educational materials contain only instructions and recommendations, the Seller is also not responsible for the success or failure of the Buyer in applying the procedures in practice.
9.2. The digital content is protected by copyright and it is not possible to distribute it further or enable its use by other persons without the prior express written consent of the Seller. Copyright infringement is punishable not only under copyright law, but can also be a criminal offence. All information in the educational materials is intended for study purposes only.
9.3. The seller hereby disclaims any responsibility for the accuracy of the information. All information provided in the Products and on the website https://syntropickezemedelstvi.cz/ is based on the experience of the author of the Products. These experiences are subjective and their interpretation may be incomplete and inaccurate and therefore the Seller is not responsible for any decision or action based on these recommendations.
9.4. The Seller shall not be liable for any damage or injury caused by the use of information in the Products or other materials on the Site.
9.5. The Seller bears no responsibility during live events (Products that will be held live) for any destruction or damage to the Buyer’s equipment (including clothing, shoes and other relevant equipment), as well as for any injuries to the Buyer that occur during the live events ( Products that will be held live).
HANDLING OF COMPLAINTS, RESOLUTION OF CONSUMER DISPUTES
10.1. If you have any complaint about the concluded Purchase Agreement, its performance or my activity, please contact me at the address listed in Article 1 of the General Terms and Conditions or at the e-mail address elsa_sebkova@centrum.cz.
10.2. I do business on the basis of a trade license, the control body is the relevant trade office, supervision of compliance with consumer protection regulations is carried out by the Czech Trade Inspection. The Czech Trade Inspection inspects and supervises legal and natural persons selling or supplying products and goods to the internal market, providing services or developing other similar activities on the internal market, providing consumer credit or operating a marketplace (marketplace), unless this supervision is performed by another administrative office (more information is provided in Act No. 64/1986 Coll., on the Czech Trade Inspection). Compliance with regulations on personal data protection is supervised by the Office for Personal Data Protection. You can also address your complaints to these authorities.
10.3. Information on the existence, method and conditions of out-of-court handling of consumer complaints, including information on whether a complaint can be addressed to a supervisory or state supervisory body. Out-of-court settlement of disputes, especially through mediation or arbitration (arbitration); the resolution of disputes in the above manner is based on the voluntary participation of both parties, the objectivity and impartiality of the proceedings.
If a consumer dispute arises between us as a Seller and a Buyer – a consumer, the consumer has the right to an out-of-court settlement. The subject of an out-of-court settlement pursuant to Act No. 634/1992 Coll., on consumer protection, is the Czech Trade Inspection. All details on the out-of-court settlement can be found on the Czech Trade Inspection website https://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/.
10.4. The seller states that he is not bound by any codes of conduct (§ 1820 par. 1 letter n) of the Civil Code).
FINAL PROVISIONS
11.1. In addition to the rules stated in these GTC, the Buyer is also subject to the Personal Data Protection available at: https://syntropickezemedelstvi.cz/eshop/ochrana-osobnich-udaju/
11.2. The purchase contract is concluded for a certain period, until the fulfillment of the obligations of the Seller and the Buyer arising from the contract.
11.3. All announcements and information related not only to the use of the Internet site concerning the Buyer are communicated through the Internet site https://syntropickezemedelstvi.cz/ or other information channels and/or sent by e-mail. The website may be updated without prior notice.
11.4. The seller reserves the right to unilaterally change or supplement the wording of these GTC at any time. Each new version of the GTC is available on the website https://syntropickezemedelstvi.cz/ and is marked with an effective date. All orders are always governed by the current version of the GTC.
11.5. These GTC take effect on 1.11. 2023.
DEFINITION
For the purposes of these GTC, as well as other information published through the web interface, the terms used in these GTC have the following meanings:
“Website” means the website available at https://syntropickezemedelstvi.cz//
“Buyer” means the person who enters into a Purchase Agreement with the Seller through the Website and thereby purchases any of the Products. The buyer can be an entrepreneur (entrepreneurial natural person – self-employed person and or a legal entity, e.g. s.r.o. or a joint-stock company) or a consumer.
“Purchase Price” means the agreed amount to be paid by the Buyer to the Seller for the Product.
“Purchase contract” means a contract in which ownership of the Product is transferred between the Seller, who is obligated to deliver the Product to the Buyer, and the Buyer, who is obligated to take over the Product and pay the agreed Purchase Price to the Seller.
“OZ” means Act No. 89/2012 Coll., Civil Code, as amended.
“Personal data protection” means the Personal data protection document, which is available on the website at the following link: https://syntropickezemedelstvi.cz/eshop/ochrana-osobnich-udaju/
“Seller” means the entrepreneur FO Elsa Šebková, IČ: 08027455, which is not a VAT payer, with its registered office at Humburská 1002, 504 01, Nový Bydžov, registered in the business register of the Nový Bydžov Municipal Office.
Address for e-mail delivery: elsa_sebkova@centrum.cz
“Products” means digital products such as videos, but also live events (lectures, courses).
“Agreement concluded in a distance manner” such a Purchase Agreement that is concluded by MEANS OF DISTANCE COMMUNICATION, i.e. it is concluded without the Seller and the Buyer having to meet in person, because they conclude it via a web interface or via e-mail communication, by telephone or with using similar means of communication. The costs associated with the use of means of distance communication (especially the costs of Internet connection and telephone calls) are covered by both parties themselves. By placing an order, the Buyer expressly agrees to the use of means of distance communication.
According to the law, “consumer” means a natural person who does not act in the course of his business activity or in the course of the independent performance of a profession. If you are a natural person and you include an ID number in the order, I will assume that you are concluding the Purchase Agreement as an entrepreneur and not as a consumer.
“Consumer Agreement” means the Purchase Agreement in which the Consumer acts as the Buyer. Under applicable law, a consumer is more protected than a non-consumer Buyer. At the same time, the seller has more obligations towards the consumer than towards another Buyer and is obliged to provide the consumer with the information stipulated by both the Civil Code and the Consumer Protection Act. If the Buyer is a person other than a consumer, those provisions of the General Terms and Conditions that serve exclusively to protect the consumer will not be used.
“User Section” means the Member Section of the Website.
“Consumer Protection Act” means Act No. 634/1992 Coll., as amended.
