Change 48, s.r.o.
Registered office: Nové sady 988/2, 602 00 Brno, Czech Republic,
Company ID No.: 07554893,
Incorporated in the Companies Register kept by the District Court (Krajský soud) in Brno, Section C, Insert 108765,
Phone: +420 737 411 587, e-mail: firstname.lastname@example.org
(hereinafter referred to as the “Seller”)
I. INTRODUCTORY PROVISIONS
I.1 These Terms and Conditions govern the mutual rights of the Seller and the buyer (the “Buyer”), who enters into a contract for the supply of digital content with the Seller (the “Contract”) through an e-shop located at www.change48.com (the “E-shop”).
I.2 The Buyer is a consumer or an entrepreneur. A consumer is a person who enters into a Contract or otherwise does business with the Seller, outside the scope of his/her business activities or outside the scope of independent performance of a profession (hereinafter referred to as the “Consumer”). An entrepreneur is a person who, on his/her own account and responsibility, carries out business activities on the basis of a trade license or similar manner, and does so consistently for the purpose of making a profit, or a person who is considered an entrepreneur pursuant to Sections 420 and 421 of Act No. 89/2012 Coll., the Civil Code (hereinafter referred to as the “Civil Code”).
I.3 Product means an online course or webinar (both are digital content) that are presented in the E-shop and which can be the object of the Contract between the Seller and the Buyer (the “Product”).
I.4 The Terms and Conditions of Use of the Website of the E-shop are available here.
II. INFORMATION FOR CONSUMERS
II.1 The Buyer agrees to the use of distance communication means to conclude the Contract. The Seller charges no additional fees to the amount charged by the distance communication provider and the Buyer bears its cost himself/herself.
II.2 The Seller communicates with the Buyer via the e-mail address specified in the order. The Buyer communicates with Seller via the e-mail address specified in the header of these Terms and Conditions.
II.3 No codes of conduct within the meaning of Section 1826(1)e) of the Civil Code are binding to the Seller.
III. ORDER AND CONTRACT
III.1 The presentation of the Product through photographs is illustrative; the Buyer is obliged to get acquainted with the entire description of the Product.
III.2 The Buyer can place an order by filling out an order form without prior registration in the E-shop. The Buyer fills in information about the ordered Product, the number of ordered pieces and the method of payment for the Product. The Buyer shall then submit the order form via the web interface of the E-shop and make the payment according to sec. IV. of the Terms and Conditions (hereinafter referred to as the “Order”).
III.3 Before placing the Order, the Buyer may check, change and correct the data he/she entered in the Order in the web interface of the E-shop.
III.4 After receiving the Buyer’s Order, the Seller shall confirm electronically to the Buyer’s e-mail address specified in the Order that the Seller has received the Order (hereinafter referred to as the “automatic confirmation of Order receipt”).
III.5 The Contract between the Seller and the Buyer is concluded by the moment the Buyer submits the Order and the Order in question is received by the Seller.
III.6 In case of an obvious technical or administrative error on the part of the Seller in stating the purchase price, the Seller is not required to deliver the Product to the Buyer. The Seller shall inform the Buyer of the error and send him/her an updated offer. In such a case, the Contract shall be deemed concluded by the Buyer’s confirmation of acceptance of the updated offer. In the event the Buyer does not accept the new updated offer and the price has already been paid, the Seller shall refund the paid price for the Product within fourteen days.
III.7 The Contract is concluded in the English language.
IV. PRICE AND TERMS OF PAYMENT
IV.1 The price for the Product is always stated in the E-shop for each individual product and is valid for the period for which it is displayed in the E-shop for the Product in question. After the Buyer fills in his or her place of residence in the order form, the price is stated including value added tax and all related fees (“Price”).
IV.2 In the case of payment through a payment gateway or other service of an electronic payment provider, the Buyer shall follow the instructions of that electronic payment provider. The Price shall be paid at the time of conclusion of the Contract.
IV.3 The Product shall not be provided with the Buyer unless the Price is paid.
IV.4 The Buyer can pay the Price for the Product in the following ways:
i) By non-cash payment through the payment gateway PayPal,
ii) By non-cash payment using a payment card.
IV.5 The Seller issues a tax document (invoice) to the Buyer, which it sends to the Buyer’s e-mail address after the payment.
V. DELIVERY OF PRODUCT AND TECHNICAL REQUIREMENTS
V.1 The Seller shall provide the Buyer with the Product which is purchased, in the agreed quantity and on agreed date electronically, and to allow the Buyer to acquire access and licence to the Product during the agreed time. The Buyer shall accept the Product and pay to the Seller the Price.
V.2 The Seller shall send the Buyer an access to the Product prior to the beginning of an online course or webinar, at latest three days prior its start, to his e-mail address specified in the Order.
V.3 By providing the Product to the Buyer, the Seller grants the Buyer nonexclusive and nontransferable license to use the Product for his or her personal use. The Buyer cannot copy, otherwise reproduce or otherwise handle the purchased Product or its parts contrary to copyright law, other legal regulations or this product licence. The Buyer cannot distribute the Product to the public, communicate the Product to the public, make the Product available thus it could be used by multiple devices, modify or adapt the Product.
V.4 Seller may deny access to the Product and deactivate the licence if the Product has been used contrary to the product licence. The Buyers in breach of their obligation are liable to damages and may face criminal consequences.
V.5 The Buyer acknowledges that for the proper use of the Product the Buyer must comply with following technical requirements:
- computer, tablet or telephone with speaker and microphone
- installed Zoom video conferencing program (available here)
- sufficient technical equipment with sufficient internet connection to run Zoom (for group calls) as listed here
- internet browser
- e-mail account
VI. WITHDRAWAL FROM CONTRACT
VI.1 The Consumer has the right to withdraw from the concluded Contract without giving a reason within fourteen days of the date of the conclusion the Contract. The Consumer may not withdraw from the Contract in cases under Section 1837 letter l) of the Civil Code, that is in case that the Buyer concluded the Contract fourteen days or less prior to the beginning of the online course or webinar and the digital content was provided with him. By concluding the Contract fourteen days or less prior to the beginning of the online course or webinar, the Buyer expressly requests that the digital content shall be provided with him before the end of the time limit for withdrawal from the Contract.
VI.2 Withdrawal from the Contract must be sent to the Seller within the above time limit and the Consumer shall state in it that he/she is withdrawing from the Contract, if possible stating the Order number and date. In order to withdraw from the Contract, the Buyer may use the model form provided by the Seller as part of these Terms and Conditions. Withdrawal from the Contract may be sent by the Consumer to the address Nové sady 988/2, 602 00 Brno, Czech Republic or to the e-mail address: email@example.com.
VI.3 If the Consumer withdraws from the Contract, the Seller shall refund to the Buyer without delay, no later than fourteen days from the date of withdrawal from the Contract, the Price received from the Buyer. The Price will be refunded in the same way in which it was paid.
VI.4 The Seller has the right to withdraw from the Contract if the ordered Product is sold out or unavailable or the Seller’s supplier has interrupted their operations or the price of the supplier of the Product has changed significantly. In such a case, the Seller shall immediately inform the Buyer of the situation and, within fourteen days, shall refund the paid Price for the Product. The Price will be refunded in the same way in which it was paid unless the Buyer determines otherwise. The Seller also has the right to withdraw from the Contract in cases where the Buyer is entitled to withdraw from the Contract under Section 1829(1) of the Civil Code. In the event the Seller withdraws from the Contract in such a case, the Seller shall refund the paid Price to the Buyer in the same way in which it was paid.
VII. RIGHTS ARISING FROM DEFECTIVE PERFORMANCE
VII.1 Rights arising from defective performance are described in and shall be governed by the Seller’s Complaints Code (Czech version: reklamační řád) and applicable legislation. Proof of purchase of the Product or tax document (invoice) usually serves as a proof of purchase (details are governed by the Complaints Code /Czech version: reklamační řád/)
VIII. PERSONAL DATA PROTECTION
IX. OUT-OF-COURT DISPUTE SETTLEMENT
IX.1 Pursuant to Act No. 634/1992 Coll., on Consumer Protection, the Consumer has the right to an out-of-court settlement of a consumer dispute arising from the Contract with the Seller. In such a case, Consumers may contact the Czech Trade Inspection Authority – Česká obchodní inspekce (address: Ústřední inspektorát – oddělení ADR (Central Inspectorate – ADR Department, Štěpánská 15, 120 00 Prague 2, e-mail: firstname.lastname@example.org, web: adr.coi.cz).
IX.2 Out-of-court settlement of a consumer dispute is initiated exclusively at the request of the Consumer, in the event the dispute with the Seller could not be resolved directly. The application for settlement may be filed no later than 1 year from the date on which the Consumer exercised his/her right which is the object of the dispute with the Seller for the first time. The Consumer has the right to initiate out-of-court dispute settlement online through the ODR platform.
X. FINAL PROVISIONS
X.1 The Buyer assumes the risk of a change of circumstances within the meaning of Section 1765(2) of the Civil Code.
X.2 The Contract, including the Terms and Conditions, is archived by the Seller in electronic form and is not accessible for the Buyer. The Terms and Conditions are accessible on the web interface of the E-shop.
X.3 The Terms and Conditions may be changed or supplemented by the Seller. This shall be without prejudice to the obligations of the Parties arising during the period of validity of the previous version of the Terms and Conditions.
X.4 The Terms and Conditions, as well as the Contract between the Seller and the Buyer, shall be governed by the laws of the Czech Republic.
X.5 The Terms and Conditions constitute an integral part of the Contract concluded between the Parties. Deviating provisions in the Contract shall take precedence over the wording of these Terms and Conditions.
X.6 The territorially competent court for disputes arising from the Contract concluded between the Seller and the Buyer-entrepreneur is, in accordance with Regulation No. 1215/2012 of the European Parliament of the Council (EU) on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters and in accordance with Section 89a of Act No. 99/1963 Coll., the Civil Procedure Code, the court in the Czech Republic and specifically court competent according to the registered office of the Seller.
X.7 The Terms and Conditions become effective as of 13th of October 2021.