GENERAL TERMS AND CONDITIONS
for selling e-books, online courses, merchandise and educational events
Dear visitors of www.milanmach.cza www.neodentstudyclub.com,
You have just found yourself on the General Terms and Conditions page for selling our e-books, online courses, merchandise and seminars, educational stays. On the website www.milanmach.cza www.neodentstudyclub.com (the "Website" or "Web Interface"), you may have already read the details of the product or educational event you selected. These General Terms and Conditions (abbreviated as "GTC") contain the information you need to have before you click on the order button. Therefore, please read them carefully. You also check the box "I agree with the terms and conditions" before ordering. If you read the GTC, your consent will be really consent.
WHEN A GTC IS USED AND WHAT DO YOU HAVE RELATIONSHIP TO A CLOSED CONTRACT?
The GTC shall be used for the sale of e-books, on-line courses and goods (both together will be referred to as “products” in the following) and the order of workshops, seminars, educational stays (“training events”) via the web interface . At the same time, the GTC also stipulates more detailed conditions for the implementation of educational events.
The purchase of products and ordering training events and the process of contracting are described below. The GTC are a document which forms an integral part of the contract concluded between us. If there were arrangements in the Contract that differ from the GTC text, the arrangements in the Contract shall take precedence.
Products are purchased based on a Purchase Agreement between our Company as the Seller and you as the Buyer. The provision of training events is based on the Service Agreement concluded between our company as the Provider and you as the Client (as the service recipient). If only the term “Contract” is used in the GBC, it means both the Purchase Contract and the Service Agreement. The contract is concluded in Czech, archived in electronic form and is not accessible to third parties. The contract consists of your order (filled in order form on the web interface) and its acceptance by us and these GTC.
I. Basic information about our company
II. Important terms to make it clear what is written here
III. How to order and conclude a contract?
IV. How is the price of products and educational events paid?
V. How will products and training events be delivered to you?
VI. What about the functionality of digital content and its interaction with hardware and software and copyright?
VII. Withdrawal from the Treaty
VIII. Warranty, rights from defective performance and complaints procedure
IX Complaint handling, consumer dispute resolution
I. BASIC INFORMATION ABOUT OUR COMPANY
Registered office: Haštalská 27, 110 00 Praha 1,
Telephone: +420 233554545
Our company is registered in the Commercial Register at the Municipal Court in Prague, file no. C 144787.
Our company is not a VAT payer
The delivery address is the same as the registered address. We are at your disposal to provide you with normal communication and for handling complaints.
In the following text our company acts only as “Seller”.
II. IMPORTANT CONCEPTS TO BE OBSERVED WHAT IT WORKS HERE WHO IS A BUYER? The buyer is the one who through the web interface with our company concludes a purchase contract, which buys one of the products offered. The purchase of e-books and online courses involves providing so-called digital content (a term used directly by the Civil Code). We also refer to the Buyer as a client who orders an educational event via the web interface and enters into a Service Agreement with our company. Although we assume that a typical Buyer who buys products or orders an educational event will be a consumer, the Buyer may, of course, also be an entrepreneur (self-employed entrepreneur or legal entity, eg s.r.o. or joint stock company). WHO IS THE CONSUMER? According to the law, a consumer is a natural person who is not acting in the course of his / her business activity or within the self-employment. If you are a natural person and enter your Company ID in the order, we will consider that you are concluding the Agreement as an entrepreneur and not as a consumer. WHAT IS THE CONSUMER CONTRACT? It is a Contract in which the Consumer acts as the Buyer. In many cases, the consumer is in a better position than other buyers. If any right concerns only the Consumer, this is explicitly stated in the GTC (ie instead of “Buyer” it is “Consumer”).
WHAT IS A CONTRACT CLOSED?
It is a Contract that is concluded by means of REMOTE COMMUNICATION, ie it is concluded without having to meet personally, because we use the web interface to conclude it. As a Buyer, the costs associated with the use of means of distance communication (especially the costs of Internet connection and possible telephone calls) are borne by you yourself and do not differ from the normal rate charged by your operator, resp. ISP. By placing an order you explicitly agree to use the means of distance communication.
WHAT LEGISLATION DOES THE CONTRACTUAL RELATIONSHIP BETWEEN US?
These are valid legal regulations, in particular Act No. 89/2012 Coll., The Civil Code (hereinafter referred to as “NOZ”) and in cases where the Buyer is a consumer, it is also Act No. 634/1992 Coll., On Consumer Protection. .
III. HOW TO ORDER AND CONTRACT?
1. As a Buyer, you order products and educational events through the web interface, ie through the ordering system on the website, by filling in the order form placed there.
2. DESCRIPTION OF PRODUCTS AND EDUCATIONAL EVENTS: The web interface provides a detailed description of the e-books, online courses and training events offered, their content, who they are intended for, and what benefits you can expect from them. Offered goods can be viewed in the gallery of the website and on the website you will also find detailed information about the pictures, including possible variants of sizes and designs. On the web interface you can also find references of clients who purchased the products before you. The presentation of products presented on the web interface is of informative nature only. As the Seller, we are not obliged to enter into the Agreement. The provisions of Section 1732 (2) of the NCC shall not apply.
3. ORDERING PRODUCTS AND EDUCATIONAL EVENTS (with the date already stated on the web interface): For ordering via the web interface is used order / reservation form, where as the Client fill in your contact information (name, surname, address, e-mail, when ordering company and company information, company ID, VAT number), information about the ordered product (by inserting the ordered product into the “basket” of the web interface), in case of ordering an educational event, select a specific event, if it is not already stated in the form. the need to include additional information when selling within or outside the EU, it will be written on the order page.
Before sending your order, you are allowed to check and change the data entered in the order form and, if necessary, to correct any errors and discrepancies. Click the order button below the order to submit your order.
We will inform you of the acceptance of the order made via the order form on the web interface by e-mail sent to your e-mail address. The invoice for the product is included (attached). For educational events, the Contract is concluded only at the moment when both the order confirmation and the reservation fee are paid in the amount stated in the description of the given educational event on the web interface, unless explicitly stated otherwise.
Any changes to the concluded Contract (including the cancellation of the order) are possible only by agreement between us. Until the Contract is concluded, you may cancel your order by e-mail sent to our e-mail address stated in the section “Basic Information about Me” in Article I.
In case of doubt, we may contact you to verify the authenticity of the order and if we are unable to verify the authenticity of the order, it is believed that the order has not been placed at all and we are no longer dealing with such an order.
Ordering products and educational events via the web interface is possible 24 hours a day, 7 days a week. However, please note that exceptionally, the site may be temporarily unavailable due to necessary site maintenance or due to circumstances in which we are not responsible, such as internet outages, etc.
IV. HOW IS IT PRICE AND HOW DOES IT PAY?
1. PRICE OF PRODUCTS AND EDUCATIONAL EVENTS: The final price is also stated on the web interface. The price is valid as long as it is listed on the web interface. Shipping costs and other costs associated with the delivery of e-books, online courses and educational events are not, so the price listed in the order summary is the final price. For educational events, the web interface indicates what the price includes (eg whether refreshments are included). For goods, transport and packing are added to their price (see in detail Article V of these GTC).
2. The agreed upon price is the price quoted for the product or educational event at the time you place your order. If there is an obvious mistake in listing the price on the web interface (that is, in particular, typing, mistake in entering the price) or a similar mistake in the process of entering into the Agreement, then we are not obliged to deliver the product that an order receipt has been automatically confirmed. In the event that this obviously erroneous price has already been paid by you, we are entitled to withdraw from the Contract and to refund the amount paid. If there is a price change between the time you submit your order and our confirmation, the price in effect at the time of sending your order is valid, unless otherwise explicitly agreed between us.
3. Unless expressly agreed otherwise between us, we are obliged to deliver the product to you only after the agreed price has been paid in full.
4. METHOD OF PAYMENT: The agreed price can be paid as follows:
- By bank transfer to our bank account: You will receive payment instructions, in the form of an invoice, in an e-mail confirming receipt of your order. When making a payment, please make sure to include the appropriate variable symbol so that the payment can be paired quickly and the product delivered as soon as possible. - Cashless online payment card or so-called quick online bank transfer via payment portal. Payment methods are connected to the payment gateway of GOPAYs.r.o., Which provides secure technology for accepting payment cards and online bank transfers. You enter credit card numbers, credit card numbers, and electronic banking passwords through the secure and trusted channel of GAYAY s.r.o. This information is not shared with me and I do not have access to it. 5. PAYMENT OF THE PRICE: The price is payable within 14 days of the confirmation of the order receipt. The due date is stated on the invoice. For training events, the entire price must be paid no later than 5 days before the training event, unless expressly agreed otherwise by us. The price is paid when the amount is credited to our bank account. The provisions of Section 2119 (1) of the New Civil Code shall not apply.
It is not possible to pay for products in the form of a repayment calendar.
V. HOW WILL THE PRODUCTS AND EDUCATIONAL ACTIONS BE DELIVERED TO YOU?
A. Delivery terms of products:
When purchasing the goods, the purchased goods will be sent as mail to the address specified in the order. Our obligation to deliver the goods is fulfilled by handing the goods over to the carrier you chose when placing your order. Should you unreasonably refuse to take over the goods, our obligation to deliver the goods shall not be deemed to have been fulfilled, nor shall you be deemed to have withdrawn from the contract by you. Please always check the integrity of the package when receiving the package, and if any defects are found, please apply them immediately to the carrier and contact us (details below in the complaint section). Refusal of a package with damaged packaging shall not be considered as a gratuitous refusal to accept the package. Conversely, if you confirm receipt of the shipment by signing the delivery note or list of parcel packages or similar document, it is assumed that the goods were delivered in intact packaging and it is no longer possible to claim the goods due to the integrity of the packaging.
2. DELIVERY TIME.E-book and online course will be delivered within 3 working days after payment is credited to our bank account. If the online course is phased into several daily or weekly phases, the delivery of the first phase is understood. Delivery time for goods is usually a maximum of 5 working days from the payment to our bank account, if the goods are in stock. If the goods cannot be delivered within this time limit, we will contact you to arrange further action and if we do not agree on delivery later, both you and our company may withdraw from the Contract. The withdrawal shall then become effective at the moment when it is delivered to the other Party in writing by post or e-mail.
3. TRANSPORT COSTS.E-books do not incur and therefore no shipping or delivery costs are charged. Goods are charged postage and packing in the amount stated directly on the web interface. 4. If, for reasons on your part, it is necessary to deliver the shipment repeatedly or in a manner other than ordered, you are obliged to reimburse us for the costs of repeated delivery or otherwise, unless expressly agreed otherwise between us. Should you unreasonably refuse to accept the shipment, we are entitled to reimbursement of the costs associated with its delivery and storage, as well as other costs incurred by us for failure to accept the shipment.
B. Delivery and cancellation conditions of educational events:
1. METHOD OF DELIVERY: The training event will be delivered according to the conditions described in the description of the event on the web interface or individually negotiated. The buyer has the right to complete the training event on condition that the full price of the training event is duly paid. The Seller is entitled to unilaterally change the conditions of the educational event, eg the person of the lecturer, the time of individual lessons, the venue within the same municipality / city, and is obliged to notify the Buyer thereof. 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 in the terms and conditions. The training event will only take place if it is ordered and paid for by the minimum number of candidates specified by the Seller. We reserve the right to cancel an educational event if there are fewer entries or force majeure. In this case, we will notify all participants in good time.
2. POSSIBILITY TO PARTICIPATE THE SUBSTITUTE: A substitute may be sent to the place of the Buyer for the training event if the Buyer is unable to attend due to serious reasons, only after prior agreement with us and if it is permissible due to the content of the training event; possible.
3. EDUCATIONAL MATERIALS AND INFORMATION: All information and any written materials, materials, scripts, sound recordings and media, recommendations, techniques, personal information and other methods transmitted by the lecturer to the event leader are intended solely for the purposes of the specific educational event and personal needs of individual Buyers . It is not permitted to disclose and transmit to third parties, modify, distribute and copy them in whole or in part, use them for any commercial purposes or publish them without our knowledge and written consent.
4. LIABILITY DURING THE EDUCATIONAL ACTION: The buyer is fully responsible for himself, his decisions and his actions towards himself and others throughout the course of the educational event. Each participant incl. The Lecturer in charge of the Event is responsible for any damage caused to himself or another Buyer by his or her misconduct or other behavior or for damage caused to him by the property and equipment of the premises he / she uses during the training event.
5. POSSIBILITY TO EXCLUDE THE BUYER FROM THE PARTICIPATION: Buyers are obliged not to interfere with the course of the training event. The Seller or the lecturer leading the training event is entitled to exclude the Buyer from participation in the event that the Buyer has not respected these GTC and as a consequence damaged the content of the training event, other Buyer or lecturer or if it disrupts the course by inappropriate behavior (ie rules of decent coexistence of people (eg repeated disturbance, participation under the influence of alcohol or other addictive substances, insults of lecturers or other participants of the event). If the Buyer is excluded from the educational event, the Buyer is not entitled to a refund of the already paid course fee, even its part.
6. CANCELLATION CONDITIONS: Should the training event be canceled for reasons on our part and you as the Buyer have already paid the price, you will receive the full amount paid back within 14 days of the decision to cancel the event, unless we do not agree to use the payment for a replacement action of your choice or any other solution. Unless otherwise agreed, you will be refunded in the same manner as received. As a Buyer, you may cancel your participation in the training event. If you have already paid the price and cancel your participation no later than 60 working days before the start of the training event, the entire paid price will be refunded. In case of cancellation later than 30 days before the event we will charge overhead costs 10%; in case of cancellation of the participation in less time, the price is non-refundable.
VI. WHAT IS IT WITH THE FUNCTIONALITY OF DIGITAL CONTENT AND ITS SYNERGY WITH HARDWARE AND SOFTWARE AND COPYRIGHT?
1. We only send digital content (e-book) to you, as the Buyer, to your e-mail address, or by accessing the address of the website where the content is located. Digital content requires full hardware and software to open and work with PDF documents for full functionality. A functional Internet connection is required to download the product from the website. We are not responsible for the unavailability of content if your internet connection is down or slow. It may happen that the content is temporarily unavailable in the short term in case of data maintenance or server outages.
2. Products are created using our knowledge and experience and years of experience. These are guidelines and recommendations and it is up to you how you use them in practice and what care and effort you will put into putting this information into practice. Therefore, we cannot be held responsible for the specific results you get from your products. Products do not replace personal consultation. Please note that this is not a health service. If the product or training description contains a recommendation for prior consultation with a doctor or other professional or other conditions of participation, please take this recommendation seriously. " allow it to be used by others. Copyright infringement is punishable not only under copyright law, but can also be a criminal offense.
3. USER ACCOUNT. After purchasing the on-line course, you will receive, after payment of the price, the access data to log in to your user account, as stated in the section on delivery terms (Article V of the GBC). You agree to maintain the confidentiality of the access data and not to allow its use by third parties. As a Buyer, you also undertake to keep your user account information current and true. In the event of a serious breach of your obligations under the Agreement or these GTC, we are entitled to disable or disable your user account. Also, if you violate your copyright obligations.
VII. WITHDRAWAL FROM THE CONTRACT
1. E-BOOKS AND ON-LINE COURSES: Pursuant to Section 1829 (1) of the New Civil Code, as the Consumer you have the right to withdraw from the concluded Purchase Contract without giving any reasons within 14 days from the date of conclusion of the Contract. According to § 1837 point. (l) this possibility may be excluded for e-books and online courses (digital content). Since we are sure of the quality of e-books and online courses and at the same time wish that you have the opportunity to study it in peace, we give all Consumers the possibility to use the guarantee, ie the possibility to withdraw from the Purchase Agreement without giving reasons (and request a refund) within 15 days of delivery of the e-book or online course (the period is calculated from the day you received the access data to the online course). If you decide to use this option, then the withdrawal from the Contract must be sent by e-mail to email@example.com or sent by post to our address stated in Article I hereof. You can also withdraw by filling in the form, which you can find here. If you use the sample form, we will acknowledge receipt of it without undue delay. There is no reason to withdraw.
2. GOODS: If the subject of the Purchase Contract is the delivery of goods, then as a Consumer you have the right to withdraw from this Contract according to § 1829 (1) of the New Civil Code without giving reasons within 14 days from the date of receipt closed distance way. Within this 14-day period, the withdrawal from the Contract must be sent by e-mail to firstname.lastname@example.org sent by post to our address stated in Article I. of the GTC, or delivered to this address in person or through another person. You can also withdraw by filling in the form, which you can find here. If you use the sample form, we will acknowledge receipt of it without undue delay. There is no reason to withdraw.
Please note that according to § 1837 of the NCC, the Consumer cannot withdraw from the Contract:
on the supply of goods which have been modified according to the wishes of the consumer or for him,
on the delivery of perishable goods as well as goods that have been irretrievably mixed with other goods after delivery,
on the supply of goods in a sealed package which the consumer has removed from the package and cannot be returned for hygiene reasons,
on the supply of audio or video recordings or a computer program if they have breached their original packaging,
on the supply of newspapers, periodicals or magazines,
In such cases, we also do not allow Buyers who are not consumers to withdraw from the Agreement.
3. EDUCATIONAL ACTION: It is not possible to withdraw from the Contract in the case of a contract on the use of leisure time provided that the Seller provides such performance within the stipulated deadline (§ 1837 letter j) of the NCC). A contract on the provision of services - educational events is also considered to be a contract on the use of leisure time, provided that it meets the Buyer's leisure time as well as the provision within a predetermined time (and that is why the cancellation conditions are solved above).
4. No later than 14 days after withdrawal from the Purchase Contract, resp. We will refund the money we received from you as a payment for an e-book, online course or merchandise. Your money will be refunded in the same way you paid it, unless you agree to another form of payment that does not incur additional costs.
5. If the full price is not paid by you within 10 days after its due date, the Contract is canceled. In the event that we have previously received a partial payment for the purchase price from you, we will refund it to you within one week of the cancellation of the Agreement, unless otherwise agreed between us.
6. Both you as the Buyer and our company as the Seller are further entitled to withdraw from the Contract in cases stipulated by law or specified in these GTC.
7. If you are given a gift together with a product or educational event, the donation agreement between us is subject to the cancellation condition that if the withdrawal from the Agreement is made by you without stating the reasons, the donation agreement shall cease to be effective and no later than 14 days after the withdrawal. All gifts and bonuses are sent or made available only after payment of the agreed price of the product or educational event, unless otherwise stated on the web interface.
VIII. WARRANTY, PERFORMANCE RIGHTS, WARRANTY RULES
1. Rights arising from defective performance shall be governed by the applicable laws and regulations, in particular the provisions of Sections 1914 to 1925, Sections 2099 to 2112 and Sections 2161 to 2174 of the New Civil Code.
2. The rights under the guarantee shall be governed in particular by the provisions of Sections 2113 to 2117 of the NCC.
3. As the Seller, we are responsible for ensuring that the product is free from defects upon receipt. If you are a Consumer, if the defect becomes apparent within 6 months of receipt, the product is deemed to have been defective at the time of receipt. If you are a Consumer, we are also responsible for ensuring that the defects do not occur within the warranty period of 24 months from receipt of the product. If you are not a consumer, we are only responsible for the defects that the product has at takeover. Note that when comparing the supplied image, there may be a slight difference in the color of the supplied product compared to the color that appears on a computer, tablet, or mobile phone monitor, due to the different color settings of the monitors. Such a minor deviation is therefore not a reason for complaint. Please handle the pictures carefully, even when unpacking the shipment, to avoid bending, tearing, etc. Keep them away from heat sources and in a dry environment.
4. In case of occurrence of a defect that cannot be remedied or in case of repeated occurrence of the defect or occurrence of more defects, you have the right to request the replacement of the product for a new one or to withdraw from the Contract. In the event of a removable defect on a product that has not been used yet, you may require the defect to be remedied or a reasonable discount on the price or, if it is not disproportionate, to request replacement of the product for a new one. If you do not withdraw from the Contract or do not exercise the right to deliver a new product free from defects or repair the product, you may request a reasonable discount. You can claim a reasonable discount even if we are unable to deliver a new or functional defect-free product to you, as well as if we do not rectify it within a reasonable time or if you have considerable difficulties in redressing the product. In the case of e-books and online courses, due to the nature of the product as a defect, in particular the unavailability of the content (non-functional access data) or the missing part of the content may be considered.
5. You do not have the rights of defective performance if, prior to receipt of the Product, you know that the Product has a defect or you have caused the defect yourself. Warranty and liability claims do not apply to defects caused by improper use of the product.
6. Complaint with us without undue delay after finding defects. You can also inform us in advance of the claim by e-mail. If your e-book or online course (or access data) has not been delivered within the delivery time, please check the “bulk mail” or spam folder first. If you still cannot find the product there, file a claim under this paragraph. If you attach an invoice or other proof of purchase, a description of the claimed defect and a proposal for the solution of the complaint, we will welcome it. The complaint will be handled without undue delay, no later than 30 days, unless we expressly agree otherwise. We will provide you with a written confirmation of your claim. If, on the basis of your order, the goods are delivered through the carrier (ie also Czech Post), we ask you to check the shipment in the presence of the carrier and in the event of damage to the shipment for complaints directly at the carrier. The Transporter will then write a protocol with the addressee on the found defect and the consignment will be delivered back to the sender. As a Buyer, you are entitled to refuse to accept a shipment that does not comply with the Purchase Agreement because the shipment is, for example, incomplete or damaged. If you take the damaged shipment from the carrier, it is necessary to describe the damage in the carrier's handover protocol. Incomplete or damaged shipment must be notified immediately by e-mail to: email@example.com, write a damage report with the carrier and send it to us without undue delay by e-mail or post. An additional claim for incompleteness or external damage to the shipment gives us the opportunity to prove that there is no conflict with the Purchase Agreement.
IX SETTLEMENT OF COMPLAINTS, SETTLEMENT OF CONSUMER DISPUTES
1. If you have any complaint about the concluded Contract, its performance or my activities, please contact us at firstname.lastname@example.org.
2. We conduct business on the basis of a trade license, the control body is the appropriate trade licensing office, supervision of compliance with the rules on consumer protection is carried out 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.
3. If there is a consumer dispute between the Seller and the Consumer, the Consumer has the right to out-of-court settlement. The subject of out-of-court settlement pursuant to Act No. 634/1992 Coll., On Consumer Protection, is the Czech Trade Inspection. All details of the out-of-court settlement can be found on the website of the Czech Trade Inspection Authority www.coi.czThe consumer can also use the online dispute resolution platform set up by the European Commission at http://ec.europa.eu/consumers/odr/.
1. The contract is concluded for a definite period of time, until the fulfillment of the obligations of the Seller and the Buyer arising from the contract.
2. The protection of personal data is dealt with in a separate document.
3. Please note that we are entitled to unilaterally change these GTCs, however, the Buyer always has the text of the Terms and Conditions effective at the time of sending the order.
4. These GBT are effective from… 1.8.2019