Terms and Conditions

TERMS AND CONDITIONS

These Terms and Conditions apply to the provisioning of online digital content products (online courses, e-books, etc.) ordered via the web interface https://montessoriparenting.org.

DEFINITION OF BASIC TERMS

The terms below, which are capitalized in these Terms and Conditions, mean the following:

PROVIDER
Childhood Potential, s. r. o.

Registered in the Register of Companies kept by the Municipal Court in Prague, section C 392192

Company ID No.: 19823614

Registered office: Vačkářova 278, 251 01 Dobřejovice, Czech Republic

Telephone number: +420 605 246 227

E-mail: [email protected]

USER
User of the digital content of the Product, who makes an Agreement on the use of the Product with the Provider.

CONSUMER
A User who is a natural person and when making an Agreement with the Provider acts outside the scope of their business activity or outside the scope of their self-employment exercising of their profession. If the User states their ID No. in the order form, they will be considered as not making the Agreement as a Consumer.

AGREEMENT
An agreement for the provisioning of digital content that is made between the Provider and the User via the Web Interface. The content of the Agreement is to make the Product available for the User’s own use for a specified Price. The Agreement consists of the Order, the Order confirmation and these Terms and Conditions. It is made in English, archived in electronic form and is not accessible.

PRODUCT
An online course, e-book or other digital content product that is the subject of the Agreement.

ORDER
A duly completed and submitted electronic order form, which constitutes the User’s proposal for the conclusion of the Agreement.

PRICE
The final price (including all applicable taxes, fees and costs) for the Product as set out in the Order. It is payable in EUR or USD.

WEB INTERFACE or WEB
The web interface located on the website available at https://montessoriparenting.org.

CIVIL CODE
Act No. 89/2012 Sb., Civil Code, as amended.

2. EXCLUSION OF LIABILITY

All Products are designed for educational and informational purposes in the area of personal development. The User acknowledges that the information provided by the tutors of the online courses is only guidance and recommendations. Neither the Provider nor the tutors are in any way responsible for the success or failure of the User in applying them in practice, nor are they responsible for any material or non-material harm. Throughout the entire duration of the online course, the User is fully liable for their actions, behaviour and decisions. Success always depends on a number of other factors that are beyond the scope of control of the Provider or the Tutors (e.g. skills, capabilities, knowledge, abilities etc.). The Products are not a substitute for educational, psychological or medical care.

3. INFORMATION ON THE WEB

Any and all reviews of the Products or the Provider that are published on the Web come from a person who is a (former) customer of the Provider or a person related to the Provider. The Provider keeps track of their customers and, in case of doubt, will consult their records to determine whether the person who provided the review is their (former) customer or a (former) customer of a person related to them. In this way, the credibility of the reviews is verified. Not all reviews must be listed on the Web; the Provider selects the reviews to be published. Reviews published on third party platforms (e.g. www.google.com and others) are not verified by the Provider.
Information on each Product on the Web includes its description, its contents, its price, when and for how long it will be made available etc. These specifications of the Products are informative and do not constitute a proposal for the conclusion of a contract; the provision of Section 1732 (2) of the Civil Code therefore does not apply.

4. ORDER AND CONCLUSION OF THE AGREEMENT

The User orders the Product via the Web Interface by submitting a duly completed electronic order form. The Order includes basic information on the Product and its total Price. In case of ordering more than 1 access, the User is responsible for filling the names and emails of all attendees into the order form. In such case the User shall inform all attendees about these Terms and Condition and shall ensure that they are respected.
Prior to submitting the order form, the User may check and change the filled-in data. The Provider relies on the truthfulness, correctness and completeness of the data provided in the Order and assumes no liability for any false, incorrect or incomplete data. By pressing the respective button in the order form, the completed order form is sent and the User has made a binding order of the Product, i.e. a proposal to make an Agreement.
The Provider confirms the receipt of the Order to the User by sending an e-mail to the User’s electronic address specified in the Order. This confirmation e-mail includes a summary of the Order and these Terms and Conditions. Upon delivery of this confirmation e-mail, the Agreement is made and this e-mail constitutes at the same time a confirmation of its conclusion. The Agreement may also be made under individually agreed terms.
Any costs incurred by the User in connection with using the remote communication means (including, but not limited to, the costs of the Internet connection) are paid by the User and do not differ from the normal rate. By placing an Order, the User agrees to use the remote communication means.

5. PRICE OF PRODUCTS AND METHOD OF PAYMENT

PRICE OF PRODUCTS

The Web lists the current prices of the Products and, where applicable, how they are determined. The prices of the Products may be changed by the Provider, provided that it is always the price that is valid at the time of ordering the Product that is to be paid by the User. The current price of the Product indicated on the Web may only be increased for the User in case of payment of the Price in installments (see below). Any discounts relating to the price of the Products may not be combined with each other. Due to the nature of the Products, there are no shipping or other costs associated with making them available. The final Price (including all applicable taxes, fees and costs) is set out in the Order summary.
Should there be an apparent error in the price shown on the Web (e.g. a typo) or a similar error occurring in the process of making the Agreement, the Provider is not obliged to make the Product available to the User at such obviously incorrect price and has a right to withdraw from the Agreement in such case.
The Product is made available no sooner than upon full payment of the Price, and in case of payment in installments (see below), no sooner than upon payment of the first installment.

6. METHOD OF PAYMENT

The Price may be paid in the following ways:
by bank transfer to an account,
online by credit card.
In case of the payment method mentioned under (a) (bank transfer to an account), the User will receive the payment details in the e-mail confirming the acceptance of the Order.
The payment method mentioned under (b) (online credit card) is connected to the payment gateway of Stripe, Inc. (https://stripe.com). This company provides secure technology for accepting credit cards. All data during the payment process is entered through the secure and trusted channel of the aforementioned company and is not transmitted by this company to the Provider. The User may direct any queries regarding this payment method directly to the said company.
Any other payment methods may be indicated on the Web or expressly agreed between the Provider and the User.

PRICE MATURITY

In case of bank transfer to the account, the Price is payable on the date specified in the payment instructions. The Price is paid when the relevant amount is credited to the Provider’s bank account.
In case of payment through a payment gateway, the Price is payable immediately upon making the Agreement.
Upon receipt of payment, the Provider is to issue and send the respective invoice to the User’s e-mail. By agreeing to these Terms and Conditions, the User also agrees to the issuance and sending of the invoice in electronic form.

PAYMENT IN INSTALLMENTS

If this option is indicated on the Web for a particular Product, the User may choose to pay the Price in installments. In this case, the price of the Product listed on the Web may be increased. The total final Price will be indicated on the order summary before the order is shipped. In the event of payment of the Price by installments, the User agrees to pay all installments by placing the Order.
In the event of default in payment of installments, the Provider is entitled to make the Product unavailable to the User until the relevant installment is paid. This does not affect the User’s obligation to pay all installments. In such a case, the Provider is also entitled to immediately cancel the entire unpaid part of the Price by written notice to the User and to demand payment of all remaining installments at once on the date specified in the notice. The Provider is also entitled to withdraw from the Agreement in such case. The withdrawal from the Agreement will not oblige the Provider to return to the User the installments paid before the withdrawal from the Agreement.

6. DELIVERY OF PRODUCTS

DELIVERY METHOD

The digital content of the online course will be delivered – made available to the User by sending the access data to the User’s account in the member section of the Web to the User’s electronic address specified in the Order. In case the User ordered more than 1 access, the access data will be sent to all electronic addresses specified in the Order.
The digital content of the e-book will be made available to the User in pdf, docx or similar format by sending it to the electronic address(es) specified in the Order as an attachment to an e-mail or as a link where the digital content can be downloaded or opened.
If a different method of making the digital content available is specified on the Web for a particular Product, the digital content will be made available to the User in that different method.

DELIVERY TIME

The delivery time of the Product depends on the selected payment method. In case of payment of the Price by bank transfer to the account, the Product will be delivered within 3 working days after the Price is credited to the Provider’s bank account. In case of payment via payment gateway, the Product will be delivered to the User immediately after the payment is made.
A specific date of availability may be indicated on the Web for the Product. In such case, the Product will be delivered to the User on the day so announced in advance.
The Web may indicate that the Product will be made available to the User gradually, part by part. In such case, the first session (module) will be made available to the User at the time specified in the preceding paragraphs and the other sessions (modules) will be made available to the User gradually according to the schedule announced in advance.

LENGTH OF ACCESSIBILITY

The Web may specify for the Product how long the User will have access to the digital content. In such case, the digital content of the Product will be accessible to the User for the period of time so announced in advance.
In other cases than the one specified in the preceding paragraph, the User has access to the digital content for an unlimited period of time.

FUNCTIONALITY OF DIGITAL CONTENT, TECHNICAL AND SOFTWARE EQUIPMENT

To be fully functional, the digital content of the Products requires the User to have hardware and software equipment enabling the User to open and work with documents in docx, pdf and similar formats, to play video and audio files, to have an internet connection with a sufficient connection speed and to have a functional e-mail box maintained in a state capable of receiving messages (digital environment).
The User is responsible for linking the digital content of the Product to the User’s digital environment.

CONSULTATION

Products may be offered on the Web in different variations (“packages”), and a personal consultation may be included as part of a particular variation. In such case, the consultation may be provided by a third qualified person other than the Provider who has been authorized by the Provider to do so. The consultation will take place online and at a time agreed between the User and the Provider or their authorized person.

7. COPYRIGHT AND CONFIDENTIALITY

The Products are copyrighted works. The Provider makes the Product available to the User (or other attendees specified in the Order) for their own use. The Product (or any part thereof), whether in its original or modified form, may not be redistributed or used by others (except for the User’s employees or persons who cooperate with the User and who use the Product for the User’s benefit only) without the Provider’s prior express written consent.
The User is to maintain confidentiality regarding the information necessary to access their user account in the member section of the Web, as well as regarding other data necessary to access the digital content of the Products. The User is to ensure that this confidentiality is also maintained by the persons mentioned in the previous paragraph.
In the event that the User or any of the persons referred to in paragraph 1 above breaches the copyright or confidentiality obligation, the Provider is entitled to make the digital content of the Products unavailable to the User (other attendees) and/or to claim compensation for any damage incurred as a result of such breach. Furthermore, copyright infringement is punishable under the Copyright Act and under criminal law.

8. WITHDRAWAL FROM THE AGREEMENT

Unless it is a case referred to in the following paragraph, the User who is a Consumer has the right to withdraw from the Agreement without giving any reason within 14 days from the date of conclusion of the Agreement, pursuant to Section 1829 of the Civil Code.
Nevertheless, in accordance with Section 1837 of the Civil Code, the Consumer does not have the right to withdraw from the Agreement pursuant to the preceding paragraph in the event that, with their consent, the performance has commenced before the expiry of the withdrawal period (i.e. in the event that, with the Consumer’s consent, the Product, or part thereof, has been delivered before the expiry of this 14-day period).
The withdrawal period is maintained if the Consumer sends the notice of withdrawal to the Provider no later than on the 14th day after the date on which the Agreement was made. The Consumer may use the form set out below these Terms and Conditions to withdraw. The Consumer may withdraw from the Agreement by sending the completed form, or other text of similar wording, to any of the Provider’s contact addresses listed above, or by any unambiguous statement made by the Consumer to the Provider.
Upon receipt of the notice of withdrawal from the Agreement, the Provider confirms its receipt to the Consumer. The price will be refunded to the Consumer without undue delay, within 14 days of withdrawal from the Agreement at the latest to the same account from which it was paid. The Price may be refunded by other means if the Consumer agrees to it and if no additional costs are incurred by them in relation thereto. The costs of withdrawal from the Agreement are legally borne by the Consumer.
If so indicated on the Web for the Product, the Provider provides the User with a so-called money-back guarantee, whereby the User may contact the Provider within the period indicated on the Web and request a full refund of the Price paid.
Both the User and the Provider may withdraw from the Agreement in cases provided for by law or the Agreement, especially in the event of a material breach of the obligations of the other party. The Provider may withdraw from the Agreement, for example, in the event of unauthorized interference with the Web interface, breach of copyright or confidentiality obligations. In the event of withdrawal from the Agreement, the Provider is entitled to claim damages, if they have incurred damage as a result of the breach of the User’s obligations. The Provider is also entitled to immediately make the digital content of the Product unavailable to the User (or other attendees).
Should the User fail to pay the Price (in the case of payment in installments, to pay the first installment) even within 10 days after the due date, the Agreement will be terminated automatically upon expiry of this period, without the need for withdrawal.
If the User is provided with a bonus gift together with the Product, the gift contract is made with the condition that if the Agreement is withdrawn from, the gift contract ceases to be effective. As a result, the Provider is entitled to immediately cancel the User’s access to the bonus, or the User is obliged to send or hand over the bonus to the Provider without undue delay, no later than within 14 days of withdrawal from the Agreement. The above applies unless otherwise stated on the Web for the Product (e.g. that the gift will remain with the User even if the Agreement is cancelled). All bonuses are delivered together with the delivery of the Product, unless otherwise stated.

9. RIGHTS OF DEFECTIVE PERFORMANCE AND COMPLAINTS

Rights arising from defective performance are governed by the applicable and effective legal provisions, in particular Sections 1914 to 1925 and Sections 2389a to 2389s of the Civil Code.
The User may exercise the rights arising from defective performance (complaint) with the Provider through the contacts listed above in these Terms and Conditions.
Upon delivery of the Product, the User is advised to check the functionality and availability of its original content as soon as possible and, if they find any deficiencies or defects, to contact the Provider in order to make corrections. It may happen that the digital content is temporarily unavailable for a short period of time due to data maintenance or server outages. The Web may be updated without prior notice.
The Provider is liable to the User that the Product is free of defects upon receipt as well as throughout the duration of the Agreement. In case of digital content made available on a one-off basis for an unlimited period of time, the Provider is liable for any defects that the digital content had when made available. If a defect in the Product manifests itself within 1 year of making it available, the Product is deemed to have been defective when it was made available. This period does not run for the time during which the User cannot use the Product, provided that the User has rightfully complained about the defect.
If the User is a Consumer, the Provider is in particular liable to the User that the Product: corresponds to the agreed description, scope, type and quantity, as well as quality, functionality, compatibility, interoperability and other agreed characteristics;
is suitable for the purpose for which the User requires it and to which the Provider has agreed; and
is provided with the agreed accessories and instructions for use, including installation instructions or user support.
Furthermore, if the User is a Consumer, the Provider is further liable to the User that, in addition to the agreed characteristics, the Product: is suitable for the purpose for which the Product of this kind is normally used, also with regard to the rights of third parties, legislation, technical standards or codes of conduct of the industry, if there are no technical standards;
corresponds in scope, quantity, quality and other characteristics or performance parameters, including functionality, compatibility, accessibility, continuity and security, to the usual characteristics of products of the same kind that the User can reasonably expect, also taking into account public statements made by the Provider or another person in the same contractual chain, in particular advertising or labeling;
is provided with such accessories and instructions for use as the User may reasonably expect; and
corresponds to the trial version or preview made available by the Provider prior to the conclusion of the Agreement.
The preceding paragraph does not apply if the Provider has specifically notified the User before the conclusion of the Agreement that a feature of the Product is different and the User has expressly agreed to this when concluding the Agreement.
The Provider is not bound by the public statement referred to in paragraph 6(b) above if they prove that they were not aware thereof or that it was modified at the time of conclusion of the Agreement in a manner at least comparable to that in which it was made or that it could not have influenced the decision to make the Agreement.
A User who is a Consumer may complain about a defect that becomes apparent or occurs during the term of the Agreement. In the case of digital content of a Product made available on a one-off basis for an unlimited period of time, the Consumer may complain of a defect that becomes apparent within 2 years of the date of access. A User who is not a Consumer may complain of a defect without undue delay after having had the opportunity to discover the defect, but no later than 1 month after delivery of the Product.
If the Product has a defect, the User may demand its removal, unless it is impossible or unreasonably expensive.
The Provider shall remove the defect within a reasonable time after it has been pointed out so as not to cause the User significant inconvenience, taking into account the nature of the Product and the purpose for which the User requested it.
The User may demand a reasonable discount or withdraw from the Agreement if the Provider has refused to remedy the defect or has not remedied it or it is apparent that they will not remedy it in accordance with the preceding paragraph;
the defect appears repeatedly; or
the defect is a material breach of the Agreement.
The User may not withdraw from the Agreement if the defect in the Product is insignificant; the defect will be deemed not to be insignificant.
The User who is a Consumer may also withdraw from the Agreement if the Provider is in default in the delivery of the Product and fails to perform their obligation even without undue delay after being called upon by the User to perform or within an additional expressly agreed period. Without an additional period of time, the Consumer may only withdraw from the Agreement if the Provider has refused to provide the Product or it is obvious that they will not provide the Product, or if it is obvious from the mutual agreement or the circumstances at the conclusion of the Agreement that performance is necessary within the specified time. The Price will be refunded to the User without undue delay after withdrawal from the Agreement.
The User is not entitled to rights from defective performance in case of defects caused by improper use or storage of the digital content of the Product. The Provider is not liable for the unavailability or other defects of the digital content in the event of an inadequate digital environment. For the purpose of verifying whether a defect has occurred as a result of an inadequate digital environment, the User is under a legal obligation to provide the Provider with the necessary cooperation to the extent that can reasonably be requested and that can be provided by technically available means that are least disruptive to the User. In the event of refusal to provide assistance, the User will only have rights under the defective performance if they proves the defect of the Product.

10. COMPLAINT HANDLING, CONSUMER DISPUTE RESOLUTION

If the User has any complaint regarding the concluded Agreement, its performance or the Provider’s activities, they may contact the Provider at any of the contact addresses stated above.
Supervision over compliance with the Provider's obligations arising from legal regulations is exercised by the following authorities: the Czech Trade Inspection Authority, the Trade Licensing Office and the Office for Personal Data Protection (if the obligations relate to personal data processing); these authorities may also be contacted in case of any complaint.
Any disputes between the Provider and the User will be resolved preferably amicably. The User – Consumer has the right to an out-of-court settlement of a dispute. In such case, the out-of-court settlement of consumer disputes is performed by the Czech Trade Inspection Authority, having its registered office at Štěpánská 44, 110 00 Prague 1, Czech Republic, ID No.: 00020869. All details on out-of-court resolution are available on the website of the Czech Trade Inspection Authority (www.coi.cz). The user may also use the online dispute resolution platform set up by the European Commission at https://ec.europa.eu/consumers/odr.
The European Consumer Centre Czech Republic, with its registered office at Štěpánská 44, 110 00 Prague 1, Czech Republic (https://www.evropskyspotrebitel.cz), is the contact point under Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC (Regulation on online dispute resolution for consumer disputes).

11. FINAL PROVISIONS

The Agreement is concluded for a definite period of time, until the Provider and the User fulfill their obligations under the Agreement.
The contractual relationship between the Provider and the User shall be governed by the law of the Czech Republic, in particular the Civil Code. This is without prejudice to the Consumer's rights under generally binding legal regulations.
The principles of personal data processing are contained in a separate document published on the Web.
In case of force majeure, the Provider is not be liable for any damage incurred in connection with the case of force majeure, and if the state of force majeure lasts longer than 10 days, the Provider is entitled to withdraw from the Agreement.
If any provision of these Terms and Conditions is or becomes invalid or ineffective, the invalid or ineffective provision is to be replaced by a provision whose meaning is as close as possible to the invalid or ineffective provision. The invalidity or ineffectiveness of any provision hereof will not affect the validity and effectiveness of the remaining provisions of these Terms and Conditions.
The Provider is entitled to unilaterally change these Terms and Conditions, while the text of the Terms and Conditions effective on the date of the Order applies to the User.
These Terms and Conditions are effective from 20 November 2023.

WITHDRAWAL FORM FOR AGREEMENT MADE BY DISTANCE MEANS

OR OFF-PREMISES

(fill in this form and send it back only if you want to withdraw from the Agreement)

Withdrawal from the Agreement

Addressee: Childhood Potential, s. r. o.

Vačkářova 278, 251 01 Dobřejovice, Czech Republic

[email protected]

This is to announce that I/we (*) hereby withdraw from the Agreement to purchase the goods(*)/services(*):

Date of order(*) date of receipt(*):

Consumers’ name(s) and last name(s):

Consumers’ address(es):

Bank account number for money refund:

Date:

Consumers’ signature(s):

(only if this form is sent in paper form)

(*) Delete where not applicable or fill in the data