Terms and conditions
General terms and conditions for the provision of services and principles of personal data protection
These general terms and conditions (hereinafter “terms and conditions”) apply to contracts for the provision of services concluded through the online store EDUART EXPERIENCE by Barbora Půlpánová located on the website www.eduartexperience.cz (hereinafter “website”).
These terms and conditions define and specify the rights and obligations of service provider, which is
Identification number: 09681434
With registered office: 28. října 136, 530 03 Pardubice
Registered in the Trade Register at the City of Pardubice
Phone number: +420 722 913 433
By providing a service agreement (hereinafter “Agreement”), we undertake to provide you with the services specified on the website, and you undertake to pay us for these services the price stated on the website or communicated to you during the order (hereinafter “price”).
The service provider acts when concluding and fulfilling the contract within his business or other activities. If the customer is a consumer, the relations not regulated by the business conditions are governed by the Civil Code (No. 89/2012 Coll.) and the Consumer Protection Act (No. 634/1992 Coll.). If the customer is not a consumer, the relations not regulated by the business conditions are governed by the Civil Code (No. 89/2012 Coll.).
A consumer is a natural person who, in concluding and performing a contract, does not act within the scope of his business or other entrepreneurial activity or within the scope of independent performance of his profession.
Any contract concluded in accordance with these terms and conditions is referred to here as a contract. It does not always have to be a purely service contract.
The provisions of the terms and conditions are an integral part of the concluded contract. Deviating provisions in the contract take precedence over the provisions of these terms and conditions. By confirming on the website when filling out the web form, you confirm that you have read these terms and conditions and agree with them.
Otherwise (e.g. ordering via e-mail), these terms and conditions will be sent to you in an attachment as part of our offer. By sending the order, you confirm that you have read these terms and conditions and agree with them.
We can change or supplement the wording of the terms and conditions. Your rights and obligations are always governed by the wording of the terms and conditions under which they arose.
The website contains a range of offered programmes (hereinafter “programme (s)” and a description of their main activities. The prices of the services, including all fees, are listed on the website, or will be communicated to you in advance before placing a binding order by e-mail. The presentation of services is of an informative nature, and it is not our proposal to conclude a contract in the sense of § 1732 paragraph 2 of the Civil Code. To conclude the contract, it is necessary that you send the order and that this order is accepted by us.
You can order our programmes via the website by filling out the form. The order must contain all the information prescribed in the form, in particular the designation of the ordered programme and your contact details. To place a binding order, press the “Place order” button. We consider the data stated in the binding order to be correct and complete. Inform us about their change immediately by phone or e-mail.
We will inform you about the receipt of the order. Information (confirmation) about the receipt of the order is sent automatically and it is not an acceptance of the order by us, unless explicitly stated in the confirmation. If we have doubts about the authenticity and seriousness of the order, we may contact you to verify it. We may reject an unverified order. Such an order is then viewed as if it had not been placed.
In the case of receiving a non-binding request, we will send you more information with the total price, or we will ask you to provide other necessary information. To order the service, you must then place a binding order via e-mail, in which you agree with the final terms of the service we provide. We will then inform you about the receipt of the order.
The contract is concluded he moment you receive a receipt of an order from us. Receipt of the order will be sent to the e-mail address you specified in the order form or from which the order was made.
The price of the programmes remains valid if it is displayed on the website. In case there is a clear technical error on our side when stating the price for the offered programme on the website or during ordering, we are not obliged to provide you with a service for this obviously wrong price, even if you have been sent an acceptance according to these terms and conditions. In this case, we reserve the right to withdraw from the contract. If the price listed for the programme on the website or during ordering is no longer valid, we will notify you immediately. If your order has not yet been accepted, we are not obliged to conclude the contract. Placed orders are not affected by the price change that occurred in the interval between sending the order.
The Provider reserves the right to cancel the programme before it starts in case the minimum capacity is not fulfilled. In such a case, the provider is obliged to send the customer without undue delay the full price paid as a fee for the programme to his bank account.
PAYMENT AND DELIVERY CONDITIONS
You will pay the price of the services by transfer to our bank account or by using the payment gateway. The price is payable non-cash before the programme. Your obligation to pay the price is fulfilled once we receive the payment.
If the programme is delivered in an order on a specific day, that day is the day of its delivery.
WITHDRAWAL FROM THE CONTRACT
If the contract is concluded by means of distance communication (online shop) and provided that the customer is a consumer, he has according to § 1829 paragraph 1 of the Civil Code, the right to withdraw from the contract without giving reasons within 14 days of receipt of the goods. Withdrawal from the contract must be sent to the provider within the period specified in the previous sentence. The customer who is a consumer acknowledges that in accordance with the provisions of § 1837 of the Civil Code, it is not possible to withdraw from the contract if the service was performed with his express consent before the expiry of the period for withdrawal from the contract and we informed him before concluding the contract that in such a case he has no right to withdraw from the contract.
A customer who is not a consumer may withdraw from the contract only in cases stipulated by the Civil Code.
In the event of withdrawal from the contract, we are obliged to return to you the funds we have received from you under the contract. We will refund your money within 14 days from withdrawing from the contract, in the same way as we received the money from you, unless you specify otherwise.
We reserve the right to withdraw from the contract in the following cases:
The service cannot be provided under the original conditions for objective reasons.
Performance becomes objectively impossible or illegal.
In case of your significant breach of these terms and conditions.
In case that any of the above occurs, we will inform you immediately of our withdrawal from the contract. Withdrawal is effective the moment it is delivered to you. If you have already paid all or part of the price for the service, we will refund the amount received or part of it non-cash to the account from which you made the payment.
RIGHTS FROM DEFECTIVE PERFORMANCE
Your rights from defective performance are governed by the relevant generally binding legal regulations, in particular the Civil Code.
File a complaint with us without undue delay from the discovery of the defect.
Complaints can be made by e-mail or in writing to the above contact details.
PROTECTION OF PERSONAL DATA
The protection of personal data is especially important to us. Therefore, when handling personal data, we proceed in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council on the protection of individuals regarding the processing of personal data (General Regulation on Personal Data Protection or GDPR). The administrator of personal data: Your data is processed by the provider.
Personal data is the data that you voluntarily provide to us as part of completing an order or registration. Personal data means any information that identifies or can identify a specific person. Personal data are mainly, but not exclusively, name and surname, address, ID number, VAT number, telephone, e-mail. Other data that we obtain automatically in connection with the use of the website are IP address, type of browser, device and operating system, time, and number of accesses to the website, information obtained through cookies and other similar information. Please note that we may obtain this additional information without registration and regardless of whether you are shopping on the website or not.
When filling out the order or registering on the website, you provide us with the following personal data: name and surname, address, telephone, e-mail, or the name and registered office of the company, ID number, VAT number. Furthermore, when using the website, other data to which we have access is obtained, stored and processed. By entering personal data and using the website, you consent to the processing and collection of your personal data to the extent and for the purposes set out below, until such time as you express your disagreement with such processing.
We process personal data without the consent of clients for the purpose of fulfilling legal obligations, negotiating the contract and fulfilling the contract and due to the legitimate interest of the data administrator (direct marketing of our own products, sending business messages). Personal data is processed in electronic form by means of computer technology or in paper form. We process personal data, depending on the purpose, for the duration of any contractual relationship and another 10 years after the termination of the last contractual relationship, or until the consent to the processing of data has been revoked.
Personal data is under constant physical, electronic and procedural control, as we have control, technical and security mechanisms ensuring maximum protection of processed data against unauthorized access or transfer, against their loss or destruction, as well as against other possible misuse. All persons who encounter the personal data of clients in the performance of their work or contractually assumed obligations are bound by a contractual obligation of confidentiality.
You may exercise your data subjects’ rights in accordance with applicable law. You have the right to access the personal data we process about you, the right to transfer selected personal data directly to another administrator and the right to request the correction of personal data. You can request the deletion of personal data, or restrictions on their processing, unless it is necessary to further process them to fulfil your legal obligations or if we need them so that we can continue to provide you with services. You can exercise these rights in writing to the registered office address or by e-mail to firstname.lastname@example.org.
In the case of processing personal data based on your consent, you can revoke this consent at any time. If your data is processed based on a legitimate interest, you may object to such processing. We will evaluate each such objection and inform you of the result. We always satisfy the objection to data processing for marketing purposes, you can easily apply it here: I do not wish to send Business communications about products and services EDUART EXPERIENCE by Barbora Půlpánová. If we have not been able to satisfactorily resolve your questions or objections in the field of personal data protection, you have the right to contact the Office for Personal Data Protection, registered office: Pplk. Sochora 27, 170 00 Praha 7, www.uoou.cz.
The website uses Google Analytics, a service provided by Google, Inc. (“Google”). Google Analytics uses “cookies”, which are text files placed on computer of every visitor of the website, which allow an analysis the use of the website. The information generated by the cookie about your use of the website (including your IP address) will be transmitted to and stored by Google on servers in the United States of America. Google will use this information for the purpose of evaluating your use of the website, compiling reports on website activity for us and for us using the internet in general. Google may also provide this information to third parties where required to do so by law, or where such third parties process the information on Google’s behalf. Google will not associate the subject’s IP address with any other data held by Google. By using the website, you consent to the processing of data about you by Google in the manner and for the purposes set out above.
Cookies do not contain personal information through which the customer can be identified if he has not provided such information to the website. For more information about our privacy policies, go to the privacy section above.
When working with cookies, we will use the following types of cookies:
Application cookies - necessary for the correct running of the application and the possible process of purchasing in our e-shop.
Cookies with user data preferences - previously entered data are remembered here, e.g. about login data, preferences, etc.
Measuring cookies - especially for monitoring website traffic and performance (Google Analytics).
Cookies designed to personalize advertising.
The content of the web pages placed on the website (texts, photographs, images, logos and others), including the website software and these conditions, is protected by our copyright and may be protected by other rights of other persons. You may not modify, copy, reproduce, distribute or use the Content for any purpose without the consent of our company or the copyright holder. In particular, the free or paid access to photographs and texts placed on the website is prohibited.
In the event of ignoring the prohibition described above, we will proceed in accordance with Act No. 121/2000 Coll., The Copyright Act, as amended. As a copyright holder, we have the right to demand that infringements of our copyrights be waived and to request the download of unauthorized copies of protected content. We also have the right to demand reasonable compensation for the damage caused.
Please note that clicking on some links on the website may cause you to leave the website and be redirected to third party websites. We are not responsible for errors caused by third party interventions on the website or because of its use contrary to its purpose. When using the website, you must not use mechanisms, software, scripts or other procedures that could adversely affect its operation, i.e. in particular, disrupt the system or unduly burden the system, and you may not engage in any activity that could allow you or third parties to tamper with or misuse the software or other components that make up the website and to use the website or parts or software thereof in a manner inconsistent with its intended use or purpose.
We cannot guarantee uninterrupted access to the website or the safety and security of the website. We are not liable for damage caused by accessing and using the website, including any damage caused by downloading data published on the website, damage caused by interruption, website failure, computer viruses, damage due to data loss, gain or unauthorized access to transmissions and data.
If you engage in any illegal or unethical conduct while using the website, we may restrict, suspend or terminate your access to the website without any compensation. In this case, you are also obliged to compensate our company for the damage that was demonstrably caused by your actions under this paragraph, in full amount.
All agreements between the provider and the customer are governed by the laws of the Czech Republic. If the relationship established by the contract contains an international element, then the parties agree that the relationship is governed by the law of the Czech Republic. This does not affect the consumer’s rights arising from generally binding legal regulations.
We are authorized to provide services based on a trade license. Our activities are not subject to any other permit. Trade licensing is performed within the scope of its competence by the relevant trade licensing office. The Czech Trade Inspection Authority (http://www.coi.cz/) monitors compliance with consumer protection legislation. Consumers’ rights are also defended by their interest groups and other entities for their protection. We handle any complaints via our contact e-mail.
In the event of a consumer dispute between us and the consumer arising from a purchase contract or a contract for the provision of services which cannot be resolved by mutual agreement, the consumer may submit an out-of-court settlement of such a dispute to a designated out-of-court consumer dispute resolution body:
Česká obchodní inspekce (Czech Trade Inspection Authority)
Ústřední inspektorát – oddělení ADR (Central Inspectorate - ADR Department)
120 00 Prague 2
The consumer can also use the online dispute resolution platform set up by the European Commission at http://ec.europa.eu/consumers/odr/.
The wording of the terms and conditions can be changed or supplemented. This provision does not affect the rights and obligations arising during the period of validity of the previous version of the terms and conditions.
In the event of a difference between the language versions of the terms and conditions, the Czech version shall prevail.
These terms and conditions take effect on 23.11.2020.
SAMPLE WITHDRAWAL OF THE CONSUMER FROM THE CONTRACT
Name and surname:
(or e-mail, phone number):
Seller: (name and surname / business name)
Notice of withdrawal from the purchase contract
On ………. I ordered goods ……… .., order number …………, worth… ..… .. CZK on your website / online store……………….. I received the ordered goods on ……… ..
Pursuant to the provisions of Section 1829, Paragraph 1, in conjunction with the provisions of Section 1818 of Act No. 89/2012 Coll., The Civil Code, I exercise my legal right and withdraw from the purchase contract concluded via the Internet, which relates to the above goods, which I send back to you with this letter, and at the same time I ask you to remit the purchase price in the amount of ………. CZK and ……… CZK for postage to my bank account number …………. no later than 14 days from the delivery of this withdrawal from the contract.
In …………….. on ……….
Name and surname of the consumer
Proof of purchase: