Business Terms and Conditions of MgA. Magdalena Vokáčová
PARTIES TO THE AGREEMENT
1. Starting from May 1, 2018, these business terms and conditions (hereinafter referred to only as the “Conditions”) regulate the mutual rights and obligations of the Parties to the Agreement arisen in connection with or on the strength of a Purchase Agreement, Contract for Work, Agreement on Providing Services or different or innominate contracts/agreements (hereinafter referred to jointly only as the “Agreement”) concluded by and between MgA. Magdalena Vokáčová, Registration No. 74754769, a physical entity carrying out business activities under the Trades Licensing Act, not entered in the Companies Register, with the registered office at Václavkova 505/30, 16000 Prague – Dejvice (hereinafter referred to only as the “Provider”) and physical or legal entities (hereinafter referred to only as the “Client”), via the website www.vokacova.com (hereinafter referred to only as the “Website”).
2. Provisions diverging from those laid down in the Conditions can be arranged in the Agreement and such diverging provisions contained in the Agreement shall have priority over the provisions in the Conditions.
3. The Agreement and the Conditions have been drawn up in Czech language. If the Conditions diverge from the non-mandatory legal rules of the legal system of the Czech Republic in force, then these Conditions shall have priority over these rules. All rights and obligations between the Client and the Provider shall be governed by the Czech legal system, particularly Act No. 89/2012 Coll., the Commercial Code, and disputes if any shall be settled in accordance with Act No. 99/1963 Coll., Code of Civil Procedure, before courts of the Czech Republic. The Client, who is the consumer, shall also be entitled to seek an out-of-court settlement of the dispute with the Czech Trade Inspection Authority (www.coi.cz).
4. The Provider may amend or supplement the wording of the Conditions; however, this shall not affect the rights and obligations of the Parties to the Agreement arisen under the previous wording of the Conditions applicable at the point of the Client submitting the order. The Provider shall not be bound by the code of conduct in relation to the Client in accordance with the provisions of Section 1826, Sub-section 1e) of the Civil Code.
CONCLUSION OF THE AGREEMENT
5. The Website interface allows the Client to order goods and services particularly in the form of training sessions, workshops and meetings, without registration, directly from the Website interface. The Website interface contains a list of goods and services offered by the Provider including the prices and payment terms and conditions specific for individual types of goods and services, which shall have priority over these Conditions. Unless stipulated otherwise, the prices of the goods and services always include Value Added Tax and all related fees. The Website interface also contains information about the costs associated with packaging and delivery of the goods.
6. The offer of goods and services for sale and the prices of these goods and services shall remain valid while shown on the Website. These provisions shall not limit the Provider’s options to conclude an Agreement under individually arranged terms and conditions.
7. To order goods and services the Client shall complete the order form on the Website interface. The order form contains mostly information concerning the goods and services to be ordered, the payment method for settling the price of the goods and services, particulars about the desired delivery method of the ordered goods and information on costs connected with the supply of the goods or services.
8. The Client shall be bound to provide the identification data of the Client as well as contact, delivery and billing information in the order form. The Client shall be solely liable for the correctness and truthfulness of the data and information entered by the Client, where before submitting the order – carried out by clicking on the “Submit the Order” button – the Client has a chance to check the data and correct mistakes made while entering the data.
9. The order represents the Client’s proposal to conclude an Agreement and the actual contractual relationship between the Client and the Provider is not created until the full payment of the price on the basis of a prepayment invoice, sent by the Provider to the Client at his/her e-mail address. The Provider shall not be bound by any other acts than those based on the full payment of the order, the settlement of which shall be substantiated to the Client by the Provider sending a tax document to the Client’s e-mail address. The Client agrees with using remote communication means for the conclusion of the Agreement. Costs of the Client incurred as a result of using remote communication means in connection with concluding the Agreement shall be borne by the Client. The concluded Agreement including the Conditions shall be stored by the Provider in electronic form and shall not be accessible to the Client.
PAYMENT OF THE PRICE
10. Jointly with the price of the goods the Client shall be bound to pay the Provider the costs connected with packaging and delivery of the goods at the agreed amount. Unless explicitly stipulated otherwise, the price referred to hereinafter shall be understood as the actual price including the costs connected with the supply of the goods.
11. If the payment of the price is to be made by bank transfer, then the price shall be payable within 14 days from the issue of the prepayment invoice. In the case of any type of non-cash payment, the Client’s obligation to settle the price of the goods or services shall be fulfilled upon the Provider’s bank account having been credited with the relevant sum.
12. The Client, who is the consumer, takes into consideration that in accordance with the provisions of Section 1837 of Act No. 89/2012 Coll., the Civil Code as amended by subsequent regulations (hereinafter referred to only as the “Civil Code”“), it is not possible to withdraw, inter alia, from:
– the Agreement on Providing Services, if they have been performed with the prior explicit consent of the Client before the expiration of the period for withdrawal from the Agreement,
– the Purchase Agreement for the Supply of Goods adjusted in accordance with the wishes of the Client or for his/her person,
– the Agreement on Supply of Audio or Video Recordings or Computer Programmes, should the consumer has opened/interfered with the original packaging in any way,
– the Agreement on Supply of Digital Content, if it has not been supplied on a physical carrier medium and has been supplied with the prior explicit consent of the Client before the expiration of the period for withdrawal from the Agreement,
– the Agreement on Leisure Activities, if the Provider performs these services within the specified time frames.
13. With the exception of the cases when it is not possible to withdraw from the Agreement by operation of law, the Client, who is the consumer, shall be entitled to withdraw from the Agreement without giving a reason, in accordance with the provisions of Section 1829, Sub-section 1 of the Civil Code, within fourteen (14) days from the acceptance of the goods, and in the case of ordered services within fourteen (14) days from the conclusion of the Agreement. The notice of withdrawal from the Agreement must be sent to the Provider within fourteen (14) days from the acceptance of the goods, and in the case of the ordered services within fourteen (14) days from the conclusion of the Agreement. The Client, who is the consumer, may use the template form for the withdrawal from the Agreement, attached at the end of these Conditions. The Client may also send the notice of withdrawal from the Agreement to the address of the registered office of the Provider or at the e-mail address of the Provider at firstname.lastname@example.org. In the event of the withdrawal from the Agreement, this Agreement shall be cancelled ex tunc.
14. If the subject matter of the Agreement was goods, such goods must be sent back or handed over at the registered office of the Provider in an undamaged and unworn state and if possible in the original packaging, no later than within fourteen (14) days from the withdrawal from the Agreement. The Client shall bear the direct costs connected with returning the goods. Within the period of fifteen (15) days after the goods having been returned to the Provider, the Provider shall be entitled to carry out an inspection of the returned goods, particularly in order to ascertain whether the returned goods have been damaged, worn or partially consumed. The Client shall be liable only for the reduction in value of the goods occurred as a result of having handled these goods in a manner other than that necessary for becoming acquainted with the nature and properties of the goods, including their functionality.
15. In the instance of the withdrawal from the Agreement in accordance with law, the Provider shall return all the finances received from the Client including the costs of delivering the goods within fourteen (14) days from the withdrawal from the Agreement, in the same manner as the Provider received them from the Client. The Provider shall not be bound to return the received finances to the Client before the goods have been returned to the Provider.
16. Should the Client withdraw from the Agreement, whose subject matter is provision of services and the Provider had started to perform such on the basis of the explicit request of the Client before the expiration of the period for withdrawal from the Agreement, the Client shall pay the Provider the aliquot part of the agreed price for the services provided up to the point of the withdrawal from the Agreement.
17. The Provider shall be entitled to unilaterally set-off claims for compensation for damages to the goods, if any, against the claims of the Client for the return of the price.
18. Should the Client order a service, but not participate in the training sessions, workshops or meetings without having withdrawn from the Agreement, the Client shall not be refunded the price paid for such service.
SUPPLY OF GOODS AND SERVICES
19. The delivery period of the goods shall be no more than 5 business days from the day, when the Client pays the full price into the bank account of the Provider. If under the Agreement the Provider is bound to deliver the goods to the place designated by the Client in the order, the Client shall be bound to accept the goods during delivery. If for reasons on the part of the Client it is necessary to deliver the goods repeatedly or by means other than was stipulated in the order, the Client shall be bound to cover the costs arisen in this way.
20. During the acceptance of the goods from the carrier the Client shall be bound to check the intactness of the packaging of the goods and in the case of any defects he/she is to notify the carrier thereabout immediately. If the packaging or the actual package is not found to be intact, the Client shall be entitled not to accept it from the carrier. By signing the delivery note the Client confirms that the packaging containing the goods is intact. The Client shall become the owner of the goods upon the payment of the full price of the goods.
21. The Provider shall not be liable to the Client for damages occurred as a result of circumstances precluding liability, which are for example state interventions and operational, transportation or energy failures, malfunctions in the e-commerce system, strikes or lockouts. Such circumstances shall constitute a reason for the postponement of performance of contractual obligations on the part of the Provider for the period and at the extent of the effect of such circumstances. The same shall apply, even if the said circumstances occurred on the part of the Provider’s sub-contractors.
LIABILITY FOR DEFECTS
22. The rights and obligations of the Parties to the Agreement concerning the Provider’s liability for defects and the Provider’s warranty liability shall be governed by the relevant generally binding regulations. The Provider shall be liable for the goods being free of defects at the point of acceptance.
23. The Client shall be bound to inspect the goods without unnecessary delay after accepting the goods. The Provider is liable for the goods, at the point of their acceptance, having the properties which were arranged, or which the Provider declared or which the Client expected in view of the nature of the goods.
24. If a defect on the goods becomes apparent within six months of their acceptance, it shall be presumed that the goods were defective at the point of such acceptance. The Client shall be entitled to make a warranty claim on the grounds of a defect occurring on consumer goods within the period of twenty four months from their acceptance.
25. If the defect can be rectified, the Client may ask for the goods to be repaired or missing parts to be supplied or he/she may demand a reasonably discounted price. If the defect cannot be rectified, and the goods cannot be used properly due to such, the Client may either withdraw from the Agreement or demand a reasonably discounted price.
26. It is possible to make a claim about defects in the services no later than in the course of their performance. The Provider shall be liable for the provided service being in compliance with the Agreement, in particular being free of defects. Compliance with the Agreement shall mean, in particular that the contents of the service and the length of its duration correspond to the description given. The Provider is not liable for the outcome of the provided services.
27. The Client may make warranty claims on the grounds of defects of the goods and services at the registered office of the Provider or at the e-mail address of the Provider, email@example.com. If the claim of the Client as the consumer is made in a proper fashion, the Provider shall be obliged to settle the claim without undue delay, no later than within 30 days from its submission. If the claim of Client, who is the consumer, is not settled within 30 days, the Client shall have the same rights as in the instance of the non-rectifiable defect.
28. The Client also takes into account that all the documents submitted during the provision of services, particularly in the form of training sessions, workshops and meetings are protected by copyright and serve solely for the personal needs of the Client. Without the prior consent of the Provider the Client shall not be entitled to disseminate or publish such documents or offer or provide them to third parties.
Notification of Withdrawal from the Agreement
MgA. MAGDALENA VOKÁČOVÁ, Registration No. 74754769, a physical entity carrying out business activities under the Trades Licensing Act, not entered in the Companies Register, with the registered office at Václavkova 505/30, 16000 Prague – Dejvice, firstname.lastname@example.org
– I/We wish to notify you (*) that I am/we are hereby withdrawing (*) from the Purchase Agreement relating to these goods/ (*)Service Agreement relating to these services (*)
– Date of order (*)/date of receipt(*)
– Name and surname of the consumer/consumers
– Address of the consumer/consumers
– Signature of the consumer/consumers (only if this form is to be sent in paper form)
(*)Delete where applicable or add details.