TERMS AND CONDITIONS
TERMS AND CONDITIONS
Mgr. Lucie Tamášová
Registered address: Vačkářova 278, 251 01 Dobřejovice
IČ: 87820846, DIČ: CZ8451110789
Registered in Companies register at živnostenský odbor Úřadu městské části Praha 11 for selling goods through an online shop placed on the internet address www.montessoriparenting.org
- These terms and conditions of commercial company Mgr. Lucie Tamášová, registered address Vačkářova 278, 251 01 Dobřejovice, ID number: 87820846, registered in Companies register at živnostenské odbor Úřadu městské části Praha 11 (further on only as “seller”) define in accordance with law § 1751 odst. 1 zákona č. 89/2012 Sb., Civil Code (further on only as “Civil Code”) the rights and the duties of the contractual parties based on the sales contract (further on only as “sales contract”) which is made between the seller and another natural person (further on only as “buyer”) through an online shop of the seller. This online shop is run on internet address www.montessoriparenting.org (further on as “website”).
- These terms and conditions do not apply to cases, where the person intending to buy the goods from the seller is an artificial person or a person who is ordering the goods as a commercial entity or through their employment.
- Regulations different to terms and conditions can be negotiated in the sales contract. These different regulations have priority over these terms and conditions.
- Regulations of sales conditions are inseparable part of the sales contract. Sales contract and terms and conditions are written primarily in Czech language, the translations are informative.
- The wording of terms and conditions can be altered or added to by the seller. The rights and duties incurred during the previous versions of terms and conditions are not affected by this regulation.
CLOSING THE SALES CONTRACT
- All presentation of goods on the website of the shop has an informative character and the buyer is not obliged to buy the goods. Law § 1732 odst. 2 of Civil Code will not apply.
- The website contains information about goods including the price of individual goods and the cost of returning the goods, if these goods cannot be returned by usual mail service. The prices of goods are shown with a value added tax and all related fees. The prices are valid for the whole time that they are shown for on the website. This regulation doesn’t change the option of the seller to make a sales contract with individually agreed terms.
- To order the goods the buyer will fill in an order form on the website of the shop. The order form contains mainly information about:
- Goods being ordered (the ordered goods are “placed” into the electronic shopping basket by the buyer on the website)
- Payment method of the price, information about the type of delivery of ordered goods and
- Information about fees related to delivery of the goods (further on as “an order”).
- Before sending the order to the seller, the buyer has an option to review and change information filled in the order; and with respect to the possibility of the buyer finding and correcting mistakes made during the filling in of the order. Information given in the order are then taken as correct by the seller. The seller will immediately confirm the receipt of the order to the buyer through an electronic mail, and that is to an electronic address given by the buyer in a user account or in the order. (further on as “electronic address of the buyer).
- The seller always has a right depending on the character of the order (the amount of goods or total price) to ask the buyer for a further confirmation of the order (for example by post or by phone).
- The contractual relationship between the seller and buyer starts with the receipt of the order (acceptance) which is sent to the buyer by electronic mail to the electronic address of the buyer.
- The buyer agrees to the use of communication means over distance when closing the sales contract. The cost incurred by the buyer when using these communication means in relation to closing the contract (cost of the internet access, cost of the telephone calls) are paid by the buyer himself, this cost does not vary from a standard tariff.
PRICE OF GOODS AND PAYMENT CONDITIONS
- The price of goods and cost related to the delivery of the goods can be paid by the buyer by the following methods:
- Via bank transfer to the account of the seller, number: 115-5671710217/0100, registered to the company Mgr. Lucie Tamášová (further on as “seller’s account”);
- Via payment system GoPay;
- By bank card.
- The seller doesn’t require a deposit or any other such payment from the buyer. This does not affect the regulation of the article 6 of the commercial terms and conditions describing the obligation to pay the goods sales price in advance.
- In case of non-cash payment, the sale price is due payment within 14 days from the date of the sales contract.
- In case of non-cash payment, the buyer must pay the sale price for the goods with attached variable symbol for the payment. The obligation of the buyer to pay the price is fulfilled at the time when the right amount of money is added to the seller’s account.
- The seller has the right to, especially if the buyer doesn’t re-confirm the order (article 6), to request the full payment for the total price before the goods are sent to the buyer. Law § 2119 odst. 1pf Civil Code cannot by applied.
- Any potential discounts of the goods provided by the seller to the buyer cannot be combined.
- If it is usual in the commercial relations or if it is specified in common binding laws, the seller will issue a VAT receipt – an invoice for the payments according to the sales contract. The seller is VAT registered. VAT receipt – an invoice is issued by the seller after the receipt of price of the goods and it is sent electronically to the electronic address of the buyer.
- For online education products the delivery is to be understood as sending the data for access to the system by the seller to the email address of the customer filled in the sales form, alternatively sending the link to URL address.
- Access data are given to the customer within three days after the total price being paid unless specified else.
SECURITY AND COPYRIGHT PROTECTION
- Access data to online products or related URL address are intended only for the personal use of the customer. The access to the customer account is secured by username and password. The customer must keep confidentiality regarding information needed for his user account for online products or given URL address. The seller doesn’t hold responsibility for misuse of the username and password by a third party.
- Products which are sold by the seller via a website are protected by copyright. Any distribution or handing over to third parties without author’s consent is forbidden. The authorisation to use the product elsewhere can be given to the buyer only after an agreed licence contract. The customer is liable to any loss incurred by violating the copyrights.
WITHDRAWAL OF SALE CONTRACT
- We notify you that according to law § 1837 of Civil Code it is not possible to withdraw from a sale contract for goods of digital content unless the product was delivered on a physical data media or it is a contract for providing service.
- Withdrawal of contract by the seller.
- The seller has a right to withdraw the sale contract without further delay if he finds out that the other party made a substantial breach to the terms of the sale contract. Substantial breach is classified as:
- The delay of payment of the total price or delay of a part payment (instalment) for more than ten days from the due date;
- Breach of copyright obligations (article 5) by the buyer
RIGHTS AND DUTIES FOR FAULTY GOODS AND COMPLAINTS
- Rights and duties of the contracted parties regarding the responsibility of the seller for faulty goods conform to relevant common laws (especially § 1914 to 1925, § 2099 to 2117 and § 2161 to 2174 of Civil Code).
- The seller is responsible that the goods have no faults when being delivered to the customer. In case that the goods upon delivery are not as stated in the contract, the buyer has the right to have the goods put back into order according to the contract and it would be for free and without delay.
- Please contact us on our email address firstname.lastname@example.org for any complaints. You should describe the reason for complaint and attach a receipt of purchase. You will be informed about the form of the settlement via your email.
- The complaint will be dealt with without any delay, latest 30 days from the application of the complaint, unless a longer period is agreed on with the buyer.
- The seller is not obliged to fulfil the request from the customer if the seller proves that the buyer knew about the fault before the receipt or caused it himself. The seller isn’t responsible for faults that can result from slow internet connection of the buyer, not updated internet browser or not installed compulsory software needed for the online start of the product. Online educational products contain instructions and recommendations only thus the seller is not responsible for success or failure of the customer when putting it to practise.
EXCLUSION OF RESPONSIBILITY
- All products and services of our company are for educational and informational purposes in the sphere of personal development. Information given by the lecturers of the online programmes are only instructions and recommendations. Our company nor the lecturers are responsible for your success or failure when putting it to practise. You are fully legally competent and responsible for your acting, behaviour and your decisions during the whole time of the online course. Your success is dependent on many other factors which we cannot influence, for example your skills, choices, knowledge, abilities etc.
PERSONAL DATA PROTECTION
- The seller fully respects the confidential character of your data which are filled in the order and submitted to www.montessoriparenting.org. Data are secured and protected against misuse. We use them for realization of the sale, including necessary accounting operations, issue of VAT documents, identification of your cashless payments and communication with you, so we use it for all customer administration and also for marketing purposes. These data are stored in a database with strict security against misuse and they are not given to third parties.
- Upon request we will inform you if and what data we have about you as soon as possible. If despite our efforts to keep the data correct and accurate, you find incorrect information, we will correct it on your request. If you have any questions regarding the personal information you can direct them at email@example.com where we are available also for any comments or complaints. Our employees and colleagues are committed to confidentiality.
- Obtaining and processing the personal data:
- When you visit the website our servers, by a standard method, note down the IP address given to you by your internet provider, website which you visit us from, websites you visit through us and also date and length of your visit. Personal data are kept only if you give them to us with your free will, for example through a registration, survey or sales contract. Transfer of personal data to government bodies happens only for obligatory legal requirements. Our colleagues, agencies and salesmen are committed to confidentiality.
- The option of signing out:
- We want to use your data to inform you about our products and services, or to ask your opinion about it. Participation in such things is of course voluntary. If you disagree with it, you can tell us anytime, so we can block your data. Regarding the email communication you can opt out any time by using the link at the bottom of each email.
- Agreement with personal data processing:
- By filling in the sales form the customer agrees with the personal data being logged in to the database of the company Mgr. Lucie Tamášová, registered address Vačkářova 278, 251 01 Dobřejovice, IČ: 87820846 that is the administrator, and the following processing of the data for marketing purposes and commercial announcements via electronic means according to law 480/2004 Sb., for the period until a withdrawal of the agreement is received. The customer also agrees to receive information about planned events and offers from the commercial partners.
- If the relation based on a sales contract contains an international (foreign)element, the parties agree that this relation is governed by the Czech law. This does not affect the rights of the customer following from the common obligatory laws.
- If any section of these terms and conditions becomes invalid or ineffective, a new section will replace it and it will be as close interpretation of the regulation to the original one as possible. Invalid or ineffective part does not affect all other regulations.
- The sales contract including the terms and conditions is archived by the seller in an electronic version and it is not accessible.
- Withdrawal from the sales contract proforma form is an appendix to the terms and conditions.
- Contact details of the seller - correspondence address: Hlavní 60, Kolín – Sendražice, 28002, electronic address: firstname.lastname@example.org
V Dobřejovicích dne 23. 2. 2018