{"id":8082,"date":"2019-07-28T10:07:02","date_gmt":"2019-07-28T08:07:02","guid":{"rendered":"https:\/\/jemnezrozeni.cz\/?page_id=8082"},"modified":"2022-10-28T16:03:47","modified_gmt":"2022-10-28T14:03:47","slug":"general-terms-conditions","status":"publish","type":"page","link":"https:\/\/staging.jemnezrozeni.cz\/en\/general-terms-conditions\/","title":{"rendered":"General Terms &#038; Conditions"},"content":{"rendered":"\n<p>of the company<\/p>\n\n\n\n<p>Jemn\u00e9 Zrozen\u00ed s.r.o.<\/p>\n\n\n\n<p>based in Doln\u00ed L\u00ed\u0161tn\u00e1\n108, 739 61 T\u0159inec<\/p>\n\n\n\n<p>identification number:\n04277848, Tax ID CZ04277848<\/p>\n\n\n\n<p>entered in the\nCommercial Register maintained by the Regional Court in Ostrava, Section C,\nfile No. 63034<\/p>\n\n\n\n<p>for sale of goods by\nmeans of the online shop found at the website www.jemnezrozeni.cz<\/p>\n\n\n\n<p>tel. +420 736 413 036<\/p>\n\n\n\n<p>email: info@jemnezrozeni.cz<\/p>\n\n\n\n<p><strong>1. INTRODUCTORY PROVISIONS<\/strong><\/p>\n\n\n\n<p>1.1. These General\nTerms and Conditions (hereinafter referred to as \u201cTerms and Conditions\u201d) of the\ncompany Jemn\u00e9 Zrozen\u00ed s.r.o., based in Doln\u00ed L\u00ed\u0161tn\u00e1 108, 739 61 T\u0159inec, identification\nnumber: 04277848, entered in the Commercial Register maintained by the Regional\nCourt in Ostrava, Section C, file No. 63034 (hereinafter referred to as \u201cthe Seller\u201d)\nset out, in accordance with the provision of Section 1751 Subsection 1 of Act\nNo. 89\/2012 Coll., Civil Code (hereinafter referred to as \u201cCivil Code\u201c), the mutual\nrights and obligations of the contracting parties arising in relation to or\nbased on a purchase contract on products by the company (hereinafter referred\nto as \u201cpurchase contract\u201d) or a contract on provision of services \u2013 courses\norganized by the company (hereinafter referred to as \u201cservice contract\u201d) concluded\nbetween the Seller and another natural person \u2013 consumer or a natural person or\nlegal entity \u2013 entrepreneur (hereinafter referred to as \u201cthe Buyer\u201d) by means\nof the online shop of the Seller. If these Terms and Conditions apply to both\ntypes of contract, the term \u201ccontract\u201d is used in singular. The online shop is\nrun by the Seller on the website placed at www.jemnezrozeni.cz (hereinafter\nreferred to as \u201cwebsite\u201d).<\/p>\n\n\n\n<p>1.2. It is possible to\nagree on provisions different from those in the Terms and Conditions in a\ncontract. Provisions stipulated in a contract are superior to the provisions in\nthe Terms and Conditions.<\/p>\n\n\n\n<p>1.3. The provisions of\nthe Terms and Conditions are an integral part of the contract. The language of\nthe contract and the Terms and Conditions is Czech. The contract can be\nconcluded in the Czech language.<\/p>\n\n\n\n<p>1.4. The content of\nthe Terms and Conditions can be changed and amended by the Seller. This\nprovision does not affect the rights and obligations that arose while the\nprevious Terms and Conditions were in effect.<\/p>\n\n\n\n<p>1.5. By sending an\norder or an application, the Buyer confirms that they have acquainted\nthemselves with these Terms and Conditions of which information before contract\nconclusion, warranty terms, and information on shipping options are integral\nparts and that they expressly agree to their wording valid and effective at the\nmoment of sending the order.<\/p>\n\n\n\n<p>1.6. The Buyer will\nreceive a copy of the Terms and Conditions attached to the order\/application\nconfirmation sent to their email address. The Buyer will receive an invoice\ncontaining the essential contract information on acceptance of the goods or\nservice.<\/p>\n\n\n\n<p><strong>2. II. INFORMATION BEFORE CONTRACT CONCLUSION<\/strong><\/p>\n\n\n\n<p>2.1. The Seller\ninforms that<\/p>\n\n\n\n<p>a) the costs of means\nof remote communication are not different from the standard rate (in case of\ninternet and phone connection according to the conditions of your provider; the\nSeller does not charge any other fees, except potential contractual shipping),<\/p>\n\n\n\n<p>b) they require the\nBuyer to pay the purchase price before assumption of contractual obligations, unless\nthe parties agree otherwise. Until the purchase price has been paid in full,\nthe goods remain the property of the Seller.<\/p>\n\n\n\n<p>c) the prices of goods\nand services stated on the website include VAT if the Seller is VAT registered,\nincluding all fees imposed by the law, however, the costs of goods or service\ndelivery differ depending on the selected method and carrier and payment method;<\/p>\n\n\n\n<p>d) the law defines a\nconsumer as a natural person not acting within their business activities or\nwithin their independent professional activity,<\/p>\n\n\n\n<p>d) if the Buyer is a\nconsumer, they have the right to withdraw from the contract (unless stated\notherwise below) within a (14) fourteen-day period, which starts, if it is<\/p>\n\n\n\n<p>i) a purchase contract,\non the day the product is received,<\/p>\n\n\n\n<p>ii) a contract the\nsubject of which is several kinds of goods or delivery of several parts, on the\nday the last product is received, or<\/p>\n\n\n\n<p>iii) a contract the\nsubject of which is a regular repeated delivery of goods, on the day the first\nproduct delivery is received;<\/p>\n\n\n\n<p>and they must send the\nwithdrawal to the Seller\u2019s address, or they can use the contract withdrawal\nform on the Seller\u2019s website;<\/p>\n\n\n\n<p>g) a consumer may not\nwithdraw from the contract:<\/p>\n\n\n\n<p>1) on the provision of\na service which has been fulfilled by the Seller with a preceding explicit\nconsent from the consumer before the period for withdrawal expired,<\/p>\n\n\n\n<p>2) on the delivery of\ngoods or a service when the price thereof depends on fluctuation of the finance\nmarket independent of the Seller\u2019s will and which can happen within the period\nfor withdrawal from the contract,<\/p>\n\n\n\n<p>3) on the delivery of\ngoods which have been altered according to the consumer\u2019s wishes or for them,<\/p>\n\n\n\n<p>4) on the delivery of\ngoods which are perishable and also goods which were irreversibly mixed with\nother goods after delivery,<\/p>\n\n\n\n<p>5) on repair or\nmaintenance carried out in a place requested by the consumer; this, however, does\nnot apply to subsequent performance of other than requested repairs and\ndelivery of other than requested spare parts,<\/p>\n\n\n\n<p>6) on the delivery of\ngoods in sealed packaging which were removed from the packaging by the consumer\nand it is not possible to return them for hygiene reasons,<\/p>\n\n\n\n<p>7) on the delivery of\nan audio or video recording or software if they opened their original packaging\nor downloaded the recording, webinar, e-book<\/p>\n\n\n\n<p>8) on the delivery of\nnewspapers, periodicals or magazines,<\/p>\n\n\n\n<p>9) on transport or a leisure\nactivity, if the entrepreneur is providing these items at the agreed upon time,<\/p>\n\n\n\n<p>10) on delivery of\ndigital content if it was not provided on a physical medium and was delivered\nwith explicit consent from the consumer before the period for withdrawal from\nthe contract expired;<\/p>\n\n\n\n<p>h) in case of\nwithdrawal from the contract, the consumer bears the costs related to returning\nthe goods, and, if it is a contract concluded via a means of remote\ncommunication, the costs of returning the goods if the goods cannot be returned\nby mail due to their character;<\/p>\n\n\n\n<p>i) the consumer is\nobligated to pay a proportional part of the price in case of withdrawal from a\ncontract where the subject is service provision and the services have already\nbeen provided in part;<\/p>\n\n\n\n<p>j) the contract, or\nthe relevant tax document will be stored in the electronic archive of the Seller;<\/p>\n\n\n\n<p>k) in case the\nconsumer wants to raise a complaint, they can turn to an inspection or state\nsupervision body.<\/p>\n\n\n\n<p><strong>3. USER ACCOUNT<\/strong><\/p>\n\n\n\n<p>3.1. After registering\nat the Seller\u2019s website, the Buyer can access their user interface. The user\ninterface allows them to order goods (hereinafter referred to as \u201cuser account\u201d).\nIf the website interface allows, the Buyer can also order goods without\nregistering directly from the online shop interface.<\/p>\n\n\n\n<p>3.2. When registering at\nthe website and ordering goods, the Buyer is obligated to provide all information\ncorrectly and truthfully. The Buyer is obligated to update all the information\nstated in their user account whenever there is a change. The information stated\nin the Buyer\u2019s user account at the time of order placement is considered\ncorrect by the Seller.<\/p>\n\n\n\n<p>3.3. The access to a\nuser account is secured by a username and password. The Buyer is obligated to\nkeep the information necessary to access their user account confidential.<\/p>\n\n\n\n<p>3.4. The Buyer is not\nentitled to let third persons use their user account.<\/p>\n\n\n\n<p>3.5. The Seller may delete\na user account, especially if the Buyer has not been using their account for a\nlong time, or if the Buyer breaches obligations arising from the purchase\ncontract (including the Terms and Conditions).<\/p>\n\n\n\n<p>3.6. The Buyer\nunderstands that their user account may not be accessible constantly,\nconsidering especially the necessary maintenance of the Seller\u2019s hardware and\nsoftware equipment, or the necessary maintenance of the hardware and software\nequipment of third persons.<\/p>\n\n\n\n<p><strong>4. PURCHASE CONTRACT CONCLUSION<\/strong><\/p>\n\n\n\n<p>4.1. All goods\npresentations in the website interface of the shop are informative in character\nand the Seller is not obligated to conclude a purchase contract on these goods\nif the offer is not binding. The provision in Section 1732 Subsection 2 of the Civil\nCode is not applicable.<\/p>\n\n\n\n<p>4.2. The website\ncontains information on goods including the prices of individual items. The\nprices of goods are stated including the value added tax and all related fees,\nand are final. The prices are in effect for as long as they are displayed on\nthe website. This provision does not limit the option for the Seller to\nconclude a purchase contract under individually negotiated conditions.<\/p>\n\n\n\n<p>4.3. The website also\ncontains information on potential costs related to packaging and shipping.<\/p>\n\n\n\n<p>The information on\npackaging and shipping costs stated on the website is only valid when the goods\nare shipped within the Czech Republic.<\/p>\n\n\n\n<p>4.4. To order goods,\nthe Buyer fills in the order form in the online shop interface.<\/p>\n\n\n\n<p>The order form\ncontains information mainly on:<\/p>\n\n\n\n<p>1) the Buyer (name, surname,\naddress, email address, possibly company information, ID No.\/Tax ID)<\/p>\n\n\n\n<p>2) the goods being ordered\n(the Buyer \u201cputs\u201d the goods being ordered in their online shopping basket in\nthe online shop interface),<\/p>\n\n\n\n<p>3) the method of\npayment of the goods purchase price,<\/p>\n\n\n\n<p>4) the information on the\nrequested delivery method for the goods ordered and information on costs\nrelated to goods delivery (hereinafter collectively referred to as \u201corder\u201d).<\/p>\n\n\n\n<p>4.5. Before placing an\norder, the Buyer is able to check and change the data they input in the order, to\nensure they can notice and correct any mistakes made while filling out the\norder. The Buyer will send the order to the Seller by clicking \u201cSend\u201d. The data\nstated in the order are considered correct by the Seller. The Seller will\nconfirm the order immediately after receiving it by sending an email to the\naddress stated in the user interface or in the order (hereinafter referred to\nas \u201cthe Buyer\u2019s email address\u201d).<\/p>\n\n\n\n<p>4.6. The Seller is\nalways entitled, depending on the character of the order (amount of goods,\npurchase price, estimated shipping costs), to ask the Buyer to confirm the\norder (for instance in writing or by phone). If the order is not successfully\nconfirmed, it is assumed the order was not placed.<\/p>\n\n\n\n<p>4.7. A contractual\nrelation between the Seller and the Buyer is created on delivery of an order\nreceipt confirmation (acceptance), which is sent to the Buyer by email to the\nBuyer\u2019s email address. The notice of receipt of the order\/application is sent\nout automatically, it is not the acceptance of the order\/application on our\nside, unless specifically stated in the confirmation. If the confirmation does\nnot state that we are accepting the order\/application, we will confirm accepting\nthe order\/application in a subsequent email.<\/p>\n\n\n\n<p>4.8. Until the moment\nyou get a confirmation of your order, it is possible to cancel the order by\nphone or email. The contract regarding the goods is concluded on delivery of\nthe order confirmation to your email address stated in the order. Any\nsubsequent changes to the concluded contract (including order cancellation) are\nsubject to negotiation with us.<\/p>\n\n\n\n<p>4.9. The Buyer agrees\nto means of remote communication to be used to conclude a contract. The costs\nof using means of remote communication in order to conclude a contract (costs\nof internet connection, costs of phone calls) are covered by the Buyer themselves\nand these costs are not different from their standard rate.<\/p>\n\n\n\n<p><strong>5. PRICE OF GOODS AND PAYMENT CONDITIONS<\/strong><\/p>\n\n\n\n<p>5.1. The price of\ngoods and potential costs related to delivery of the goods as stated in the\npurchase contract can be paid by the Buyer in the following ways:<\/p>\n\n\n\n<p>by a bank transfer to\nthe Seller\u2019s account (hereinafter referred to as \u201cthe Seller\u2019s account\u201d), the number\nthereof will be given to the Buyer in a written order confirmation and also in\na prepayment invoice incl. variable symbol for the payment;<\/p>\n\n\n\n<p>by means of the\ncashless payment system Payeezy s.r.o.; debit card numbers, credit card numbers\nand passwords to online banking are sent via a secured and trusted channel of\nthe company Payeezy s.r.o. and the data are not shared with me by the company\nand we have no access to them,<\/p>\n\n\n\n<p>by another method\nagreed on by the parties in advance.<\/p>\n\n\n\n<p>5.2. The Seller does\nnot require the Buyer to pay a deposit or a similar payment. This does not\naffect the provision in 5.5 of the Terms and Conditions regarding the duty to\npay the purchase price of the goods in advance.<\/p>\n\n\n\n<p>5.3. In case of a cashless\ntransfer, the purchase price is due within 5 days from concluding the purchase\ncontract, i.e. from the moment the Buyer receives the order confirmation. When\nit comes to a course purchase, the price must be paid in a way that it is credited\nto our bank account no later than (7) seven days before the course takes place.<\/p>\n\n\n\n<p>5.4. In case of a\ncashless payment, the Buyer is obligated to use the relevant variable symbol\nwhile paying the purchase price of the goods. In case of a cashless payment, the\nBuyer\u2019s obligation to pay the purchase price is met at the moment the relevant\nsum is credited to the Seller\u2019s account.<\/p>\n\n\n\n<p>5.5. The Seller is\nentitled, especially if the Buyer fails to sufficiently confirm the order (Article\n4.6), to require the full purchase price to be paid before sending the goods to\nthe Buyer. The provision of Section 2119 Subsection 1 of the Civil Code is not\napplicable.<\/p>\n\n\n\n<p>5.6. Potential\ndiscounts from the price of the goods provided by the Seller to the Buyer cannot\nbe combined with one another.<\/p>\n\n\n\n<p>5.7. If it is common\nin business relations or it is stipulated by generally binding legislation, the\nSeller will issue a tax document \u2013 invoice regarding payments made in\nconnection with the purchase contract to the Buyer. The Seller is value added\ntax registered. A tax document \u2013 invoice is issued to the Buyer after the\npurchase price has been paid and it is sent electronically to the Buyer\u2019s email\naddress.<\/p>\n\n\n\n<p><strong>6. WITHDRAWAL FROM PURCHASE CONTRACT<\/strong><\/p>\n\n\n\n<p>6.1. The Buyer\nunderstands that, according to the provision of Section 1837 of the Civil Code,\nit is not possible, besides other things, to withdraw from the purchase\ncontract on delivery of goods which have been altered according to the Buyer\u2019s\nwishes or for them, from the purchase contract on delivery of goods in sealed\npackaging which has been opened and it is not possible to return them for\nhygiene reasons and from the purchase contract on delivery of an audio or video\nrecording or software, if they have opened the original packaging, or they have\ndownloaded the recording, webinar, e-book; i.e. the recordings, webinars,\ne-books have been purchased and delivered.<\/p>\n\n\n\n<p>6.2. Unless it is a\ncase described in Article 6.1 or another case where it is not possible to\nwithdraw from the purchase contract, the Buyer has the right, according to the\nprovision of Section 1829 Subsection 1 of the Civil Code, to withdraw from the\npurchase contract without stating a reason within fourteen (14) days from\nreceiving the goods, and in case the subject of the purchase contract is\nseveral kinds of goods or the delivery of several parts, this period starts on\nthe day when the last goods delivery is received. The notice of withdrawal from\nthe contract must be sent to the Seller within the period stated in the\nprevious sentence. To withdraw from the purchase contract, the Buyer can use\nthe sample form provided by the Seller which is an annex to the Terms and\nConditions. The Buyer can also send a withdrawal from the purchase contract to\nthe address of the Seller\u2019s office or to the Seller\u2019s email address\ninfo@jemnezrozeni.cz.<\/p>\n\n\n\n<p>6.3. The buyer understands that hey are entitled to cancel his attendance to a course\/webinar. In the event that the course has already been paid  for and client cancels their attendance no later than 22 days before it takes place, the price paid for the course less the price of the downloaded recording, which is already available to the client before the course, will be refunded to the client. In case of cancellation of attendance 21 to 8 days before the course, the lecturer will refund 50% of the price paid, while the price of the downloaded recording, which is available to the client before the course, will be deducted from the total amount. In the event that the client&#8217;s pregnancy is terminated before the course takes place, 75% of the course price will be refunded to the client, while the price of the downloaded recording, which is available before the course, will be deducted from the total amount. In order to request refund of the course fee, the client needs to submit a medical confirmation letter. If client cancels course attendance 7 days or less before it takes place, the course fee is non-refundable. If the buyer does not show up, the price paid is non-refundable, but it is permissible to send a substitute, if the content and nature of the course allows it (more on this in article 7.6.c) OP). The client can find a replacement for herself or arrange with the lecturer to move to another date of the course led by the lecturer for which the client was registered to. A transfer to another course date must be communicated at least 21 days before the course date for which the client was registered.<\/p>\n\n\n\n<p>6.4. In case of\nwithdrawal from the purchase contract according to Article 6.2 of the Terms and\nConditions, the purchase contract is voided. The goods must be returned to the\nSeller within fourteen (14) days from the withdrawal from the purchase contract.\nIf the Buyer withdraws from the contract, the Buyer bears the costs related to\nreturning the goods to the Seller.<\/p>\n\n\n\n<p>6.5. In case of\nwithdrawal from the contract according to Article 6.2 of the Terms and\nConditions, the Seller will refund the money received from the Buyer within\nfourteen (14) days from the day the Buyer withdraws from the purchase contract\nin the same manner the money was paid by the Buyer. The Seller is also entitled\nto refund the amount paid by the Buyer when the Buyer is returning the goods, or\nin another manner, if the Buyer agrees to it and it does not create any extra\nexpenses to the Buyer. If the Buyer withdraws from the purchase contract, the\nSeller is not obligated to refund the amount received before the Buyer returns\nthe goods to them, or proves that the goods have been sent to the Seller.<\/p>\n\n\n\n<p>6.6. The Seller is\nentitled to charge a claim for damages incurred on the goods unilaterally\nagainst the purchase price refund claimed by the Buyer.<\/p>\n\n\n\n<p>6.7. Until the goods\nare received by the Buyer, the Seller is entitled to withdraw from the purchase\ncontract at any time. In such a case, the Seller will refund the purchase price\nto the Buyer without undue delay in a cashless manner to the account specified\nby the Buyer.<\/p>\n\n\n\n<p>6.8. At the same time,\nthe Seller has the right to withdraw from the contract if the purchase price is\nnot paid within <a>14\n<\/a><a href=\"#_msocom_1\">[Z1]<\/a>&nbsp;from the conclusion of the contract. In such a\ncase, the withdrawal becomes effective when this period is up.<\/p>\n\n\n\n<p>6.9. If the Buyer\nreceives a gift together with the goods, the gift deed between the Seller and\nthe Buyer is concluded with a termination clause stating that if the Buyer\nwithdraws from the purchase contract, the gift deed is voided and the Buyer is\nobligated to return the gift together with the goods to the Seller.<\/p>\n\n\n\n<p><strong>7. SHIPPING AND GOODS DELIVERY<\/strong><\/p>\n\n\n\n<p>7.1. If the purchase\ncontract sets the obligation for the Seller to deliver the goods to the place\nspecified by the Buyer in the order, the Buyer is obligated to accept the goods\non delivery.<\/p>\n\n\n\n<p>7.2. Delivery time\ndepends on the selected payment method. If the payment is made via a cashless\nbank transfer, the product will be delivered immediately after the payment is\ncredited to the Seller\u2019s bank account. For a cashless payment via a payment\nsystem, the product will be delivered immediately after the payment is made.<\/p>\n\n\n\n<p>7.3. In case it is\nnecessary for reasons on the Buyer\u2019s side to deliver the goods repeatedly or in\na different manner than stated in the order, the Buyer is obligated to pay the\nexpenses related to the repeated delivery of the goods or the expenses related\nto another delivery method.<\/p>\n\n\n\n<p>7.4. When accepting the\ngoods from the carrier, the Buyer is obligated to check that the packaging is\nnot damaged and, in case of any faults, immediately inform the carrier. If the\ndamage suggests unauthorized opening of the consignment, the Buyer does not\nhave to accept the consignment from the carrier.<\/p>\n\n\n\n<p>7.5. Goods delivery\nterms (e-books, video courses, webinars, relaxations)<\/p>\n\n\n\n<p>a) When buying an\ne-book, the digital content will be delivered to the email address stated by\nthe Buyer in the order in .docx or .pdf format (e-book) or as a link to\ndownload it or launch it after the purchase price is paid.<\/p>\n\n\n\n<p>b) Considering the\ncharacter of the products, no shipping costs are incurred.<\/p>\n\n\n\n<p>c) After delivery of\nthe goods, the Buyer is obligated to check the functionality and availability\nof the content as soon as possible and should they find any problems, they are\nobligated to contact the Seller for the situation to be remedied. The Warranty\nTerms are stated in Article VIII of these T&amp;C.<\/p>\n\n\n\n<p>d) For digital goods\n(e-book, video course, webinar, relaxation) to be fully functional, it is\nrequired that the Buyer have hardware and software equipment allowing them\nmainly to open and work with <\/p>\n\n\n\n<p>.docx and .pdf document\nformats and to play video and audio files. Relaxations and video course content\ncan be played in an internet browser that supports audio playback. The software\nmust contain usual sound codecs. To play online content, it is necessary for\nthe Buyer to be connected to the internet with sufficient connection speed. The\nSeller is not responsible for inaccessibility of the content in case of failure\nor slow speed of the Buyer\u2019s internet connection. The Seller reserves the right\nfor the content to be temporarily inaccessible for a short time in case of data\nmaintenance or server failure.<\/p>\n\n\n\n<p><strong>7.6. Goods delivery terms (courses)<\/strong><\/p>\n\n\n\n<p>a) A course will be\ndelivered (realized) according to the conditions stated in the event\ndescription in the online interface or negotiated individually. The client has\nthe right to attend the course on the condition that the full price has been\npaid. As the provider, we are entitled to unilaterally change the conditions of\nthe educational event chosen by the client e.g. the date, place within the same\ntown\/city, and the Buyer will be informed about these changes in advance. The\nSeller guarantees that the change of conditions will not affect the purpose of\nthe course.<\/p>\n\n\n\n<p>b) A course will take\nplace only if the minimum number of applicants set by the Seller apply and pay\nfor it. Otherwise, or in case of vis major, the Seller reserves the right to\ncancel the course. The Buyer will be informed about the cancellation of the\ncourse in good time and the paid price will be refunded without further delay,\nwithin 14 days, unless\nthe parties agree on using the funds on a replacement event chosen by the Buyer\nor on another solution. Unless\notherwise agreed upon, the payment will be refunded in the same manner as it\nwas accepted.<\/p>\n\n\n\n<p>c) The Buyer can have\na substitute attend the course instead of them, if they cannot attend the\nordered course themselves for serious reasons, if it is acceptable and possible\ndue to the course content. If a substitute is going to attend, the Buyer is\nobligated to inform the Seller by email or phone as soon as possible, including\nstating the reason.<\/p>\n\n\n\n<p><strong>8. RIGHTS RELATED TO FAULTY PERFORMANCE (WARRANTY TERMS)<\/strong><\/p>\n\n\n\n<p>8.1. The rights and\nobligations of the contracting parties related to faulty performance are\ngoverned by applicable generally binding regulations (mainly the provisions of\nSection 1914 to 1925, Section 2099 to 2117 and Section 2161 to 2174 of the\nCivil Code).<\/p>\n\n\n\n<p>8.2. The Seller\nguarantees to the Buyer that the goods are faultless on accepting delivery. The\nSeller especially guarantees to the Buyer that at the time the Buyer is accepting\nthe goods:<\/p>\n\n\n\n<p>1) the goods have\nproperties agreed on by the parties and, if there was no agreement, they have\nthe properties the Seller or producer has described or the Buyer has expected\nwith regards to the character of the goods and based on the advertisement used,<\/p>\n\n\n\n<p>2) the goods are\nsuitable for the purpose the Seller states or the purpose the goods are usually\nused for,<\/p>\n\n\n\n<p>3) the goods are\nequivalent in quality to a sample or model, if the quality or design has been\ndefined as per the agreed upon sample or model,<\/p>\n\n\n\n<p>4) the goods meet the\nrequirements of legislation.<\/p>\n\n\n\n<p>8.3. If a fault appears\nwithin six months after the consumer accepted the goods, it is assumed that the\ngoods were already faulty on acceptance and the Seller further guarantees that\nno faults will appear within the warranty period, which is 24 months after\nacceptance of the goods. If the Buyer is an entrepreneur, the Seller is only\nresponsible for faults the goods had on acceptance. The Buyer is obligated to\ninform the Seller about a fault immediately after they discover it.<\/p>\n\n\n\n<p>8.4. The Buyer\nexercises their rights related to faulty performance at the Seller\u2019s address or\nplace of business. The moment a claim is raised is considered to be the moment\nthe Seller receives the faulty goods from the Buyer.<\/p>\n\n\n\n<p>8.5. The Seller is\nobligated to issue the Buyer a written confirmation of the date the Buyer\nexercised their right containing the subject of the claim and the solution\nrequested by the Buyer; and also a confirmation of the date and method of\nsolving the claim including a confirmation of a repair performed and its\nduration, or alternatively a written justification of claim rejection.<\/p>\n\n\n\n<p>8.6. The Seller is\nobligated to handle a complaint including defect elimination without undue\ndelay, no later than 30 days after the complaint was made. The 30-day period\nafter the complaint was made can be extended when negotiated with the consumer\n\u2013 such extension shall not be for an indefinite or excessive period. After the\nperiod or the extended period is up, it is assumed that the defect did in fact\nexist and the consumer has the same rights as if it was a defect that could not\nbe eliminated.<\/p>\n\n\n\n<p>8.7. After a complaint\nhas been resolved, the Seller will notify the Buyer about the fact by phone,\ntext message, or email. If the goods were sent via a carrier, they will\nautomatically be shipped to the Buyer\u2019s address.<\/p>\n\n\n\n<p>8.8. After an accepted\ncomplaint has been resolved by repairing or changing the goods, the warranty is\nextended by the amount of time it took to resolve the complaint. The time it\ntakes to resolve a complaint is calculated from the day following the day the complaint\nwas made to the day the Buyer was informed it has been resolved.<\/p>\n\n\n\n<p>8.9. The Buyer has the\nright to be compensated for expedient expenses related to making a justified\ncomplaint. These expenses are understood as the lowest necessary.<\/p>\n\n\n\n<p><strong>9. OTHER RIGHTS AND OBLIGATIONS OF CONTRACTING PARTIES<\/strong><\/p>\n\n\n\n<p>9.1. The Buyer takes\nownership of the goods by paying the full purchase price of the goods.<\/p>\n\n\n\n<p>9.2. The Seller is not\nbound by any codes of conduct in relation to the Buyer as per the provision of\nSection 1826 Subsection 1 e) of the Civil Code.<\/p>\n\n\n\n<p>9.3. Out-of-court\ncomplaints of consumers are handled by the Seller at the email address\ninfo@michaelakalusova.cz. The Seller will send a notice to the Buyer\u2019s email\naddress when the complaint has been dealt with.<\/p>\n\n\n\n<p>9.4. The Seller is\nauthorized to sell goods on the basis of a trade certificate. Trade inspection is\ncarried out by the relevant trade register office within its competence. Supervision\nover personal data protection is performed by the Office for Personal Data\nProtection. The Czech Trade Inspection Authority also performs limited\nsupervision over compliance to Act No. 634\/1992 Coll., on Consumer Protection, as\namended.<\/p>\n\n\n\n<p>9.5. Digital goods and\nall information the Buyer gains in a course are protected by business secret\nprotected by copyright and it is not possible, without explicit consent of the\nSeller, to pass it on to third persons, to edit, expand and copy it in full or\npartial extent, use it for any commercial purposes or publish it elsewhere or\nallow other people to use it, when it is intended solely for the Buyer to use. The\ngoods are intended for educational and informational purposes and they have\nbeen created using personal knowledge and experience of the Seller. They are\ntutorials and recommendations and the quality of results achieved with them\ndepends on the Buyer\u2019s abilities and other factors. The goods cannot replace\npersonal consultation, therapy and are not a healthcare service, so they do not\nreplace medical care or other kinds of healthcare. The Seller is not\nresponsible for potential failure of the Buyer to apply the methods, advice and\nrecommendations provided by the goods.<\/p>\n\n\n\n<p>9.6. The Buyer is\nfully responsible for themselves, their decisions and actions towards\nthemselves and others during the whole duration of the course. The course is\nnot a substitute for medical or psychotherapeutic care. At the same time, it is\nrecommended to discuss taking part in the course with the Buyer\u2019s doctor. Each\nparticipant is responsible for potential damages incurred on themselves or\nother people by taking imprudent or other actions or for damages they incur on\nthe property and equipment of the premises where the course is taking place.<\/p>\n\n\n\n<p>9.7. The Buyer is\nobligated not to disturb the course of the course they are participating in,\nwhere late arrival is considered a disturbance as well. The Seller is entitled\nto exclude the Buyer from participating in the course or its part if the Buyer\ndoes not respect these T&amp;C and as a result harms the course, other clients\nor the instructor in any way, or if they disrupt the course, or its individual parts,\nby acting inappropriately (i.e. not following the rules of good manners). If the\nBuyer is expelled from the course, they are not entitled to a refund of the\nprice paid, not even a part thereof.<\/p>\n\n\n\n<p><strong>10. PRIVACY POLICY<\/strong><\/p>\n\n\n\n<p>10.1. Protection of\nthe personal data of the Buyer, who is a natural person, is covered by Act No.\n101\/2000 Coll., on Personal Data Protection, as amended and by Regulation (EU)\n2016\/679 of the European Parliament and of the Council (GDPR). The Buyer\nunderstands that processing of personal data: name and surname, address of\nresidence, identification number, tax identification number, email address, phone\nnumber <a>and <\/a><a href=\"#_msocom_2\">[Z2]<\/a>&nbsp;(hereinafter collectively referred to as\n\u201cpersonal data\u201d) is, in case of buying goods, necessary for fulfilment of the contract\nof which a data subject in accordance with Article 6, Section 1 a) of the\nregulation is a party.<\/p>\n\n\n\n<p>10.2. The Buyer agrees\nwith personal data processing for the purpose of exercising the rights and\nobligations of the purchase contract.<\/p>\n\n\n\n<p>10.3. Osobn\u00ed \u00fadaje poskytnut\u00e9 pro \u00fa\u010dely veden\u00ed u\u017eivatelsk\u00e9ho \u00fa\u010dtu, pro \u00fa\u010dely zas\u00edl\u00e1n\u00ed informac\u00ed a obchodn\u00edch sd\u011blen\u00ed kupuj\u00edc\u00edmu, mohou b\u00fdt zpracov\u00e1v\u00e1ny kupuj\u00edc\u00edm, jako spr\u00e1vcem internetov\u00fdch str\u00e1nek jedin\u011b po ud\u011blen\u00ed souhlasu (zde odkaz na souhlas) se zpracov\u00e1n\u00edm osobn\u00edch \u00fadaj\u016f v cel\u00e9m rozsahu dle tohoto \u010dl\u00e1nku nen\u00ed podm\u00ednkou, kter\u00e1 by sama o sob\u011b znemo\u017e\u0148ovala uzav\u0159en\u00ed kupn\u00ed smlouvy.<\/p>\n\n\n\n<p>10.4. The Buyer\nunderstands that they are obligated to state their personal data correctly and\ntruthfully and to inform the Seller about any change in their personal data\nwithout undue delay.<\/p>\n\n\n\n<p>10.5. The Seller may\nauthorize a third person to be the processor of the Buyer\u2019s personal data. With\nthe exception of the carrier delivering the goods, the Buyer\u2019s personal data\nwill not be passed on to third persons without the Buyer\u2019s prior consent.<\/p>\n\n\n\n<p>10.6. The Buyer\u2019s\npersonal data will be processed for the period necessary to fulfil the\nobligation to archive accounting documents according to accounting laws. Personal\ndata will be processed in electronic form in an automated way or in printed\nform in a non-automated way.<\/p>\n\n\n\n<p>10.7. The Buyer\nconfirms that the personal data provided are accurate and that they were\ninformed that the personal data are provided voluntarily.<\/p>\n\n\n\n<p>10.8. In case the\nBuyer thinks the Seller or processor processes their personal data in a way\nthat violates the protection of the Buyer\u2019s private and personal life or the\nlaw, especially if the personal data are inaccurate with regards to the purpose\nof their processing, they can:<\/p>\n\n\n\n<p>10.8.1.ask the Seller\nor processor to explain the personal data processing,<\/p>\n\n\n\n<p>10.8.2.ask the Seller\nor processor for information on what personal data they process,<\/p>\n\n\n\n<p>10.8.3.have the right\nto turn to the Controller or the Office for Personal Data Protection if they\nhave doubts about the obligations related to personal data protection being met,<\/p>\n\n\n\n<p>10.8.4.demand for the\nSeller or processor to remedy the situation.<\/p>\n\n\n\n<p><strong>11. DELIVERY<\/strong><\/p>\n\n\n\n<p>11.1. The Buyer may\nreceive deliveries to the email address stated in their user account or stated\nin the order by the Buyer.<\/p>\n\n\n\n<p><strong>12. FINAL PROVISIONS<\/strong><\/p>\n\n\n\n<p>12.1. If the\nrelationship based on the purchase contract contains an international (foreign)\naspect, the parties agree that the relationship is subject to Czech legislation.\nThis does not affect the consumer\u2019s rights arising from generally binding\nlegislation.<\/p>\n\n\n\n<p>12.2. If any of the\nprovisions of the Terms and Conditions is invalid or ineffective, or becomes\nsuch, a provision most similar to the invalid one replaces it. The invalidity\nor ineffectiveness of one provision does not affect the validity of the other\nprovisions. Changes and amendments to the purchase contract of the Terms and\nConditions must be made in writing.<\/p>\n\n\n\n<p>12.3. The contract\nincluding Terms and Conditions is archived by the Seller in an electronic form\nand is not accessible.<\/p>\n\n\n\n<p>12.4. The sample form\nfor withdrawal from the purchase contract is an annex to the Terms and\nConditions.<\/p>\n\n\n\n<p>12.5. The Seller\u2019s contact information: mailing address Jemn\u00e9 zrozen\u00ed s.r.o. based in Doln\u00ed Li\u0161tn\u00e1 108, T\u0159inec, 739 61, email address info@jemnezrozeni.cz, phone number +420 736 413 036, +420 724 127 520.<\/p>\n\n\n\n<p>12.6. The governing\nlegislation is the valid legislation governing the relation between the Client\nand the Provider. It is mainly Act No. 89\/2012 Coll., the Civil Code (hereinafter\nreferred to as \u201cCC\u201d) and, in cases where the Client is a consumer, also Act No.\n634\/1992 Coll., on Consumer Protection. Personal data protection is governed\nmainly by Act No. 101\/2000 Coll., on Personal Data Protection and Regulation\n(EU) 2016\/679 of the European Parliament and of the Council, referred to as\nGDPR.<\/p>\n\n\n\n<p>In reaction to the amendment\nof the Act on Consumer Protection listed under No. 378\/2015 Coll., we inform\nthat consumer disputes which are not settled between the Buyer and the Seller\nto the Buyer\u2019s satisfaction can be inspected out-of-court by the Czech Trade\nInspection Authority (www.coi.cz), the entity appointed by law, if the Buyer\nrequests it. A motion to the Czech Trade Inspection Authority is submitted by\nthe Buyer. The Czech Trade Inspection Authority will present an independent and\nnon-binding expert opinion based on the presented documents. Another platform\nfor submitting a motion is the online app ODR, which can be found under this\nlink.<\/p>\n","protected":false},"excerpt":{"rendered":"<p>of the company Jemn\u00e9 Zrozen\u00ed s.r.o. based in Doln\u00ed L\u00ed\u0161tn\u00e1 108, 739 61 T\u0159inec identification number: 04277848, Tax ID CZ04277848 entered in the Commercial Register maintained by the Regional Court in Ostrava, Section C, file No. 63034 for sale of goods by means of the online shop found at the website www.jemnezrozeni.cz tel. +420 736 &hellip; <a href=\"https:\/\/staging.jemnezrozeni.cz\/en\/general-terms-conditions\/\">Continued<\/a><\/p>\n","protected":false},"author":4,"featured_media":0,"parent":0,"menu_order":0,"comment_status":"closed","ping_status":"closed","template":"","meta":{"_acf_changed":false,"footnotes":""},"class_list":["post-8082","page","type-page","status-publish","hentry"],"acf":[],"yoast_head":"<!-- This site is optimized with the Yoast SEO plugin v27.3 - https:\/\/yoast.com\/product\/yoast-seo-wordpress\/ -->\n<title>General Terms &amp; 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