General Terms and Conditions

I.
Basic provision

1. The general business terms and conditions (hereinafter referred to as „business terms and conditions„) are issued in accordance with § 1751 et seq. Act No. 89/2012 Coll., the Civil Code (hereinafter the „Civil Code„).

Jiří Ledvinka – Naděje člověka
Business ID No.: 07027753
with registered office: Žernovník 18, Žernovník, 679 21
registered at the municipal office in Blansko
contact details: Žernovník 18, Žernovník, 679 21
web: www.nadejecloveka.cz
e-mail: platby@nadejecloveka.cz
(E-mail is only for the requirements of technical support for online ordering and payment, or complaints
and does not serve for any other questions, messages or orders for other services. Thank you for your understanding.)
(Hereinafter referred to as the „Seller„)

2.These terms and conditions govern the Seller’s mutual rights and obligations and a natural person who enters into a purchase agreement outside their business as a consumer or within their business (hereinafter „buyer„) through a web interface located on a website available at https://www.nadejecloveka.cz/category/en/events/ (hereinafter referred to as „online store„).
3. The provisions of the business terms and conditions are an integral part of the purchase agreement. Deviating provisions in the purchase agreement take precedence over the provisions of these terms and conditions.
4. These terms and conditions are available in the English language and the purchase agreement is concluded in the Czech and English language.

II.
Information on goods and prices

1. Information on the services offered, hereinafter referred to as „goods“, including the prices of individual goods and their main features, are given for individual items in the offer of the online store. The goods prices are final, including all related fees and costs. The goods prices remain valid as long as they are displayed in the online store. This provision does not preclude the conclusion of a purchase agreement under individually agreed conditions.
2. All presentation of goods placed in the offer of the online store is of an informative nature and the seller is not obliged to enter into a purchase agreement regarding these goods.

III.
Ordering and concluding a purchase agreement

1. The costs incurred by the buyer in the use of means of distance communication in connection with the purchase agreement’s conclusion (costs of internet connection costs, telephone charges), shall be borne by the buyer themselves. These costs do not differ from the basic rate.
2. The buyer orders the goods in the following ways:
● by completing and sending the order form in the invitation to the online meeting.
● by sending an order by e-mail to the real meeting organiser.
● through other binding communication routes, if these routes are agreed, permitted and recognised as binding for ordering goods.
3. When placing an order, the buyer chooses the goods, date and payment method.
4. Before sending the order, the buyer is allowed to check and change the data they entered in the order. The buyer sends the order to the seller by clicking on the „Order“ button. The data listed in the order they are deemed correct by the seller. The condition for the order’s validity is the completion of all mandatory data in the order form and confirmation from the buyer that they have read these terms and conditions.
5. Immediately after receiving the order, the seller will send the buyer an order confirmation receipt to the buyer’s e-mail address that they entered when ordering. This confirmation is automatic and is not considered an agreement. The purchase agreement is only concluded after the seller receives payment. The payment notification is also automatically delivered to the buyer’s e-mail address. The payment confirmation receipt is considered to be the purchase agreement conclusion.
6. In the event that any of the requirements specified in the order cannot be met by the seller, they will send the buyer an amended offer or current information on the goods unavailability to their e-mail address. The amended offer is considered a new draft of the purchase agreement and in such a case the purchase agreement is concluded by the buyer’s confirmation of acceptance of this offer.
7. All paid orders accepted by the seller are binding. The buyer can cancel the order until the buyer receives a payment notification for the order to the seller. The buyer can cancel the order by phone to the seller’s or event organiser’s phone number or e-mail.
8 In the event that there is an obvious technical error on the seller’s part when stating the price of goods in the online store or during ordering, the seller is not obliged to deliver goods to the buyer for this obviously incorrect price, even if the buyer was sent an automatic confirmation of receipt these terms and conditions. The seller informs the buyer of the error without undue delay and sends the amended offer to the buyer to their e-mail address. The amended offer is considered a new draft of the purchase agreement and in such a case the purchase agreement is concluded with a new order and payment via an online store with corrected data.

IV.
Payment terms and goods delivery

1. The goods price and any costs associated with goods delivery under the purchase agreement, the buyer may pay in the following ways:
● cashless online transfer to the seller’s bank account, listed as an option in the order form
● cashless online payment card, listed as an option in the order form,
● in cash at a real live meeting before the event.
2. In the case of payment through a payment gateway, the buyer follows the relevant electronic payment provider’s instructions.
3. In the case of non-cash payment, the buyer’s obligation to pay the purchase price is fulfilled when the relevant amount is credited to the seller’s bank account.
4. The seller does not require an advance payment or other similar payment from the buyer. Payment of the purchase price before delivery of the goods is not a deposit.
5. Cash payments for services provided online are not accepted.
6. The goods are delivered to the buyer by providing the ordered goods (services) online.
7. The choice of the date of service is tied to a specific type of service (lecture with a specific date).
8. The seller will issue a tax document – invoice to the buyer. The tax document is sent to the buyer’s e-mail address.
9. The buyer acquires ownership of the goods by paying the full purchase price for the goods.
10. If the buyer does not arrive, after paying for the goods in advance, e.g., for the ordered event, they are not entitled to a refund.
11. The buyer can transfer the right of ownership, for example, to reserve their place for the event to another person, if they inform the seller or the event organiser no later than when the event begins.
12. Sharing access data for online promotions paid for 1 person with several other users is prohibited and, if discovered, may lead to cancelling the client’s access.

V.
Agreement withdrawal

1. A buyer who has concluded a purchase agreement outside their business as a consumer has the right to withdraw from the purchase agreement.
2. The deadline for withdrawal from the agreement is 7 days from payment (i.e., it is possible to withdraw exactly within 7 calendar days from the time of payment – for example, for payment made on Wednesday at 10 am, the deadline is the following Wednesday at 10 am), if the ordered goods (service) does not take place in a shorter period. If the service is implemented in a shorter period, the right to a refund expires (e.g., I order a webinar at the last minute 2 days before the broadcast).
3. The buyer may not, inter alia, withdraw from the purchase agreement if:
● provision of services if they were fulfilled with their prior express consent before the agreement withdrawal’s expiry period and the seller informed the buyer before concluding the agreement that in such a case, they have no right to withdraw from the agreement.
● on the supply of goods or services, whereby the price depends on financial market fluctuations independently of the will of the seller and which may occur during the agreement’s withdrawal period.
4. In order to comply with the withdrawal period, the buyer must send a written statement of withdrawal in writing to the seller’s e-mail within the withdrawal period.
5. To withdraw from the purchase agreement, the buyer may use the withdrawal form or other similar binding statement delivered to the seller or event organiser. The seller will confirm to the buyer the acceptance of withdrawal from the agreement.
6. If the buyer withdraws from the agreement justifiably and in due time according to point 2, the seller will return to them immediately, but no later than 7 days after withdrawal from the agreement, all funds received from them, in the same way. The seller will return the funds received to the buyer in another way only if the buyer agrees and if they do not incur additional costs.

VI.
Defective performance rights

1. The seller is responsible to the buyer that the service will be implemented to the planned extent.
2. The buyer has the right to withdraw from the agreement if the goods have a material defect (e.g., completely or largely unrealised webinar by the seller).
3. Substantial is a breach of agreement which the breached party already knew or should have known at the time the agreement was concluded that the other party would not have entered into the agreement if it had foreseen the breach.
4. In the case of a defect that means a minor agreement breach (regardless of whether the defect is remediable or irremediable), the buyer is not entitled to have the defect removed or a reasonable discount on the purchase price.
5. When making a complaint, the buyer is obliged to inform the seller which right they have chosen. A change of choice without the seller’s consent is possible only if the buyer has requested the correction of a defect that proves to be irreparable. If the buyer does not choose their right from a material agreement breach in time, they have the same rights as in the case of a minor agreement breach.
6. The seller informs the buyer in writing or by telephone about the result of the complaint.
7. The right of defective performance does not belong to the buyer, if the buyer knew before taking over the item that it has a defect, or if the buyer caused the defect themselves.
8. The buyer has the choice of complaint method.
9. The rights and obligations of the contracting parties regarding rights arising from defective performance are governed by § 1914 to § 1925, § 2099 to § 2117 and § 2161 to § 2174 of the Civil Code and Act No. 634/1992 Coll., on Consumer Protection.
10. Other rights and obligations of the parties related to the seller’s liability for defects are regulated by the seller’s complaint procedure.

VII.
Delivery

1. The Contracting Parties may deliver all written correspondence to each other by electronic mail.
2. The buyer delivers correspondence to the seller’s e-mail address specified in these terms and conditions. This correspondence must only cover matters relating to a specific order. Contact e-mail is not used for questions, individual orders or other business and work correspondence. The seller delivers correspondence to the buyer to the e-mail address specified in their order entered through the form on the seller’s website.

VIII.
Personal data

1. All information provided by the buyer in cooperation with the seller is confidential and will be treated as such. If the buyer does not give the seller written permission, the seller will not use the buyer’s data other than for the purpose of the agreement’s performance, except for e-mail addresses to which commercial communications may be sent, as this procedure is allowed by law unless explicitly rejected. These communications can only concern similar or related goods and can be unsubscribed at any time in a simple way (by sending a letter, e-mail).
2. For more information about our privacy practices, go to the Privacy Policy.

IX.
Out-of-court dispute resolution

1. Dialogue and direct communication on the part of the seller is always preferred in case of the buyer’s dissatisfaction and all complaints are resolved directly and individually.
2. The Czech Trade Inspection Authority with its registered office at Štěpánská 567/15, 120 00 Prague 2, Business ID: 000 20 869, Internet address: https://adr.coi.cz/cs. is responsible for the out-of-court settlement of consumer disputes arising from the purchase agreement. The online dispute resolution platform at http://ec.europa.eu/consumers/odr can be used to resolve disputes between the seller and the buyer under a purchase agreement.
3. The seller is entitled to sell goods on the basis of a trade licence. Trade licencing is performed within the scope of its competence by the relevant trade licencing office. To a limited extent, the Czech Trade Inspection Authority also supervises compliance with Act No. 634/1992 Coll., on Consumer Protection.

X.
Final Provisions

1. All agreements between the seller and the buyer are governed by Czech Republic law. If the relationship established by the purchase agreement contains an international element, then the parties agree that the relationship is governed by Czech Republic law. This does not affect the consumer’s rights arising from generally binding legal regulations.
In relation to the buyer, the seller is not bound by any codes of conduct in the sense of the provisions of § 1826 par. 1 let. e) of the Civil Code.
2. All rights to the seller’s website, in particular the content copyright, including page layout, photos, films, graphics, trademarks, logos and other content and elements, belong to the seller. It is forbidden to copy, modify or otherwise use the website or any part thereof without the seller’s consent.
3. The seller is not responsible for errors caused by third party interventions in the online store or as a result of its use contrary to its purpose. When using the online store, the buyer may not use procedures that could adversely affect its operation and may not perform any activity that could allow them or third-parties to interfere or use the software or other components that make up the online store and use the online store, or its parts or software in such a way that would be contrary to its purpose or purpose.
4. The buyer hereby assumes the risk of a change of circumstances in the sense of § 1765 paragraph 2 of the Civil Code.
5. The purchase agreement, including business conditions, is archived by the seller in electronic form and is not accessible.
6. The wording of the terms and conditions may be changed or supplemented by the seller. This provision does not affect the rights and obligations arising during the validity period the previous version of the terms and conditions.
7. The buyer is not entitled to distribute access addresses to online events to other persons. Rule 1 access = 1 allowed connected playback device (mobile, tablet, computer) applies. Sharing listening with family and one connected device is allowed.
8. These terms and conditions take effect on 11.5.2020.

 

 

Delivery terms

1. The buyer has the right to deliver the goods in the agreed manner or in a manner clearly resulting from the order (online webinar, online lecture or discussion).
2. The form of delivery is considered to be the buyer’s connection to the website, where the event is presented on the basis of the access address sent in the e-mail confirming the payments.
3. If the buyer cannot participate in the event, they have the right to transfer 1 order to 1 specific replacement person who will participate instead.
4. It is forbidden to share access in the case of electronic delivery with more users than for how much access was paid.
5. It is allowed to watch 1 paid webinar in more people on 1 access device.

 

 

Payment Terms

1. After ordering goods (services) with the Order Form on the seller’s website, the buyer is immediately redirected to payment gateways, where it is possible to pay online by bank transfer or payment card. An advance invoice and order confirmation are sent to the e-mail specified in the order.
2. They are immediately informed about crediting the payment to the seller’s account by an automatic e-mail, which also serves to send an invoice in an attachment and also to send an access address or password, in the case of services provided online. This also concludes a purchase agreement between the buyer and the seller.
3. If the payment is not made properly and the buyer does not receive a confirmation e-mail, the transaction has not taken place and the purchase agreement is not valid.
4. The payment form is active until the capacity of the ordered service is filled or the time window is closed, during which it is possible to register for the event.
5. For live events, the order is carried out by sending login details to the organiser’s e-mail address specified in the order. Payment is then made in cash on the spot, before the event.

 

 

Complaint conditions

1. The buyer has the right to complain about the services according to paragraph VI. General Terms and Conditions of the Seller.
2. In the event of dissatisfaction, the buyer can contact the seller and ask for an explanation of the situation.
3. In the event of the seller’s non-compliance with the conditions (e.g., event not carried out), the buyer has the right to offer a replacement date, such as online lectures or a refund of the original event in full.
4. The type (form) of compensation is chosen by the buyer, if there is a possibility. If there is no choice (e.g., no alternative date of the event is listed), it automatically applies as a form of compensation for the return of payment.
5. Regarding complaints, it is preferred to use a written form or send a complaint form to the address specified in the seller’s General Terms and Conditions.
6. Sample text of the complaint form (the sample is indicative, if necessary, the reported complaint must always contain the buyer’s basic identification data and the order, as well as the attached proof of payment, if this is the subject of the complaint):

 

 

Complaint form

Fill in this form and insert it in the e-mail text in case you want to complain about the goods (service). If it is the subject of a complaint, it is necessary to attach to the form, for example, a screenshot confirming an error in the order form, confirmation of payment from your account on your part, etc.

Addressee (seller)
Company: Jiří Ledvinka
Registered office: Žernovník 18, Žernovník, 679 21
Business ID No: 07027753
E-mail address: payment@nadejecloveka.cz

(The following required data will be completed by the customer)
Consumer (buyer):
My name and surname:
My address:
My telephone:
My email:

Subject: Exercising the right from defective performance (complaint)

Good day,
on ……… .. ……… I created an order in your store.

Name, date or service order number:
……….

Description of the problem (no payment, no webinar, access link did not work, no confirmation e-mail, …):
……….
I request that the complaint be handled in the following way (check the receipt of payment, alternative date of the webinar, functional access link, return of payment,…):
……….

In ……………………………………..….., on………………………

……………………………………………..
Consumer’s name and surname