General Terms and Conditions
When do the T&Cs apply and how do they relate to the contract?
I. Basic information about us
- Podnikatelský klub Empiria21 s.r.o.
- ID: 03508366
- Registered office: Hlavní 1539, Jesenice, 252 42
- Company registered at the Municipal Court in Prague, C 232396
- DIC: CZ03508366
- Contact e-mail: firstname.lastname@example.org
- Contact phone: 603 477 211
II. Important terms to make it clear what is being referred to here
Who is the customer?
The Customer is the person who, via the web interface, enters a contract with us (as the Provider) based on which:
- digital content in the form of products (eBooks, online courses) will be made available by the Provider to the Customer for their use, or
- the Customer orders participation in an event organized by the Provider (offline and online meeting, workshop, seminar, course, training course according to the Provider’s current offer); and undertakes to pay the agreed price to the Provider for this (hereinafter referred to as the “Contract”).
Who is a consumer?
What is a consumer contract?
What is a distance contract?
What legal provisions govern the contractual relationship between us?
III. How to place an order and conclude a contract?
1. As a Customer, you order products and events via the web interface, i.e. via the ordering system on the website, by filling in the order form located there.
3. ORDERING OF PRODUCTS and ORDERED EVENTS (with the date of the event already indicated on the web interface): For ordering a product or an organized event via the web interface, the order/reservation form is used, in which you fill in your contact details (name, surname, address, e-mail, in the case of an order for a legal entity also details of the legal entity, registration number, VAT number), information about the ordered product (by placing the ordered product in the “basket” of the web interface), in the case of an order for an organized event, you select the specific event, if it is not already directly indicated in the form, and you select the method of payment.
Before submitting the order, you can check and change the data entered in the order form and, if necessary, correct any errors or discrepancies. You can submit your order by clicking on the order button marked “Order with payment obligation” below the order.
We will inform you of the acceptance of the order made via the order form on the web interface by e-mail sent to your e-mail address indicated in the order, including (as an attachment) the invoice or payment details for the product in another form and these GTC.
If the subject of the Contract is the making available of products, the Contract is concluded by delivery of this order confirmation to your electronic address indicated in the order. In case you wish to have the Products made available to you immediately after the conclusion of the Contract and payment of the price of the Products, you must also agree in the order form that the Products will be made available to you within the withdrawal period pursuant to Section 1829 of the Civil Code.
If the subject of the Contract is an event, the Contract is only concluded when the full price of the event is paid by you, unless otherwise expressly stated.
If we are unable to fulfil any of the requirements stated in the order, we will send you an amended offer of products or events to your e-mail address. The amended offer shall be deemed to be a new draft Contract and the Contract shall be concluded in such a case by your confirmation of acceptance of such offer to our electronic address set out in these GTC.
Your order is considered binding by us. Any changes to the concluded Contract (including cancellation of the order) are only possible by agreement between us. Until the conclusion of the Contract, you may cancel your order by email sent to our email address set out in these GTC.
If in doubt, we may contact you to verify the authenticity of the order and if we are unable to verify the authenticity of the order, it shall be deemed that the order was not placed at all, and we shall no longer deal with such order.
You can order products and events via the web interface 24 hours a day, 7 days a week. Please note, however, that in exceptional circumstances, the website may be temporarily unavailable due to necessary maintenance of the website or due to circumstances for which we are not responsible, such as internet connection failures, etc.
IV. What about the price and how to pay?
- If there is an obvious error in the price indication on the web interface (this means, in particular, a typo, a mistake in entering the price) and the price of the products or events organized is clearly disproportionate to the value of the product or the event organized, or a similar error in the process of concluding the Contract, then we are not obliged to deliver the product to you at such a clearly erroneous price, even if you have received an automatic confirmation of receipt of the order. If payment has already been made by you for such clearly erroneous price, we shall be entitled to withdraw from the Contract and refund the amount paid to you without undue delay. If the price of a product or event changes between the time your order is placed and our confirmation of it, the price in force at the time of placing the order shall apply, unless otherwise expressly agreed between us.
- Unless otherwise expressly agreed between us, we are obliged to deliver the product to you only after full payment of the agreed price or to allow you to participate in the event only after full payment of the event price.
- METHOD OF PAYMENT: The agreed price can be paid as follows:
- Cashless online by credit card or fast online bank transfer via the payment portal. The payment methods are connected to Stripe, Inc.’s payment gateway, which provides secure technology for accepting credit cards and online bank transfers. Payment card numbers, credit card numbers and e-banking passwords are entered through Stripe, Inc.’s secure and trusted channel. This information is not shared with us by that company, and we do not have access to it.
- By wire transfer to our bank account listed on the invoice or advance invoice.
- PAYMENT OF PRICE: The price is payable within 7 days of receipt of the order – via online bank transfer or credit card payment. The due date is indicated on the invoice. For both offline and online meetings, the full price must be paid at least 3 days before the event, unless otherwise expressly agreed between us. For other organized events, the full price must be paid at least 5 days before the organized event, unless otherwise expressly agreed between us. The price is paid when the relevant amount is credited to our bank account. Products and events cannot be paid for by instalment plan. We do not require advance payment for products and events. Payment of the price of products or events prior to their delivery or holding is not considered a deposit.
V. How will the products and events be delivered to you?
1. METHOD OF DELIVERY OF PRODUCTS (DIGITAL CONTENT). EBooks will be made available in a machine-readable format (usually pdf or equivalent) by sending them to your email address listed in the order form attached to this report upon payment of the price, or by sending a link where the eBook can be downloaded or opened.
Please note that common hardware and software, a working internet browser, a program for viewing PDF files, and an internet connection are required to access eBooks, online courses, and to participate in an online event.
Since the provision of our products is a so-called one-off service, we do not provide any updates to these products.
2. SUPPLY LEVEL. The eBook and online course will be delivered within 3 working days after the payment is credited to our bank account. Delivery within this period is subject to your express consent to provide the product within the withdrawal period. If some products are made available in exchange for personal data, they are made available without undue delay after the personal data has been submitted.
If we are in default in making the products available, you may withdraw from the Agreement if we fail to comply with our obligation without undue delay after you have invited us to comply or within an additional period of time expressly agreed by us. Without an additional period of time, you may only withdraw from the Contract under the preceding sentence if it is clear from our communications or the circumstances that we will not provide you with the Products or if it is clear from the Contract or the circumstances at the time of entering into the Contract that performance within the specified time is necessary.
3. SHIPPING COSTS. No shipping or delivery costs are incurred or charged for eBooks.
8. CANCELLATION POLICY:
8.1 As a Customer, you are entitled to cancel your participation in the event. In case you have already paid the price and cancel your participation at least 10 working days before the start of the event, the full price paid will be refunded, in case of cancellation within a shorter period of time, the price is non-refundable. Unless otherwise agreed, payment will be refunded in the same manner as it was received.
8.2 In the event that the event is cancelled for reasons attributable to us and you, as the Customer, have already paid the price, you will receive a full refund within 14 days of the date on which the decision to cancel the event is made, unless we have expressly agreed to apply the payment to an alternative performance of your choice. Unless otherwise agreed, the relevant amount will be refunded to you in the same manner as it was received. This paragraph shall also apply if the event must be cancelled by us for reasons of force majeure, for example, due to epidemiological or other measures and decisions taken by public authorities, but also if we reasonably fear that such measures and decisions will be taken shortly before or on the day of the event and therefore cancel the event as a precautionary measure. Similarly, this paragraph will also apply in the case of other force majeure reasons. Force Majeure shall apply to you as participants in particular in relation to the associated extra costs for travel and accommodation if you have already incurred them, in which case we shall not be obliged to compensate you for any damages incurred by you as a result of the cancellation of the event or to pay any other expenses except for the refund of the price already paid for the event.
VI. What about the functionality of the digital content and its interaction with hardware and software and copyright?
1. We only send the digital content (eBook) to you, as the Customer, at your electronic address or by making available the address of the website where the content is located. To be fully functional, digital content requires that you have the hardware and software to be able to open and work with documents in pdf or other commonly used file format. You must also have a working internet connection to download the product from the website. We are not responsible for the unavailability of the content in case of malfunctioning or slow speed of your internet connection. It may happen that content is temporarily unavailable for a short period of time due to data maintenance or server outages.
VII. Withdrawal from the contract
1. PRODUCTS (EBOOKS AND ON-LINE COURSES).
According to Section 1837 (l) Consumers do not have the right to withdraw from a contract for the supply of digital content if performance has already begun with the Consumer’s express consent. Because we are confident in the quality of our products and at the same time wish you to have the opportunity to study them at your leisure, we give all Consumers the opportunity to make use of the guarantee, i.e. the possibility to withdraw from the Contract (and request a refund) without giving reasons within 15 days of the product being made available (the period is calculated from the date on which you have been given access to the online course or the eBook has been made available to you in accordance with Art. If you choose to exercise this option, the withdrawal must be sent by email to email@example.com or sent by post to our address set out in Article I of these Terms and Conditions within the above guarantee period.
3. RECEIVABLE ACTIONS: You may not withdraw from the Contract if it is a contract for the use of leisure time, provided that the Seller provides this service within the specified time (section 1837(j) of the Civil Code). A contract for the provision of services – organized events – is also considered a contract for the use of leisure time if it fulfils the condition of the use of the Customer’s leisure time as well as the provision on a pre-determined date (which is why the cancellation conditions are addressed above, as in the case of our organized events it is a contract for the use of leisure time).
VIII. Rights arising from defective performance, complaints procedure
1. Rights arising from defective performance are governed by the applicable legal provisions, in particular Sections 1914 to 1925 and Sections 2389i to 2389p CC.
Rights arising from defective performance in the case of products (digital content)
1. we are liable for defects in the products which the products had when they were made available. We are liable for the fact that the respective product:
(a) corresponds to the agreed description and scope as well as to the quality, functionality, compatibility, interoperability, and other agreed characteristics,
(b) is suitable for the purpose for which the Customer requires it and to which the Provider has agreed; and
(c) is provided with the agreed accessories and instructions for use, including installation instructions, and user support where this can reasonably be expected given the nature of the product.
2. We are further responsible for ensuring that, in addition to the agreed features
(a) the product is suitable for the purpose for which a product of this kind is normally used, including regarding third party rights, legislation, technical standards or industry codes of practice, if there are no technical standards,
(b) the product corresponds in scope, quality, and other performance parameters, including functionality, compatibility, accessibility, continuity and security, to the usual characteristics of digital content of the same kind that the Customer 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 labelling,
(c) the product is provided with the accessories and instructions for use that the Customer can reasonably expect; and
(d) the product corresponds to the trial version or preview made available by the Provider prior to the conclusion of the Contract.
We shall not be liable for the product features under this paragraph if we specifically notify the Customer prior to the conclusion of the Contract that a feature of the product is different, and the Customer expressly agrees to this when entering into the Contract.
5. If the product has a defect, you may demand that it be rectified unless it is impossible or unreasonably expensive to do so; this will be judged by reference to the significance of the defect and the value the product would have had without the defect. We will remedy the defect within a reasonable time after the defect has been identified so that it does not cause the Customer significant inconvenience, considering the nature of the product and the purpose for which the Customer requested it.
You may claim a reasonable discount or withdraw from the contract if:
a) The Provider has not remedied the defect, or it is apparent from the Provider’s statement or the circumstances that the defect will not be remedied within a reasonable time or without substantial inconvenience to the Customer,
(b) the defect continues to manifest itself after removal; or
(c) the defect is a material breach of the Contract.
You may not withdraw from the Contract if the defect in the Product is insignificant, where the defect is deemed to be insignificant.
Defective performance rights in the case of organized events
3. Our company, as the Provider, is obliged to perform in medium quality.
In particular, the following shall be deemed to be defective performance:
a) if we provide an object of performance (organized event) which does not have the specified or agreed characteristics,
b) if we fail to point out defects which the object of performance has, although they do not normally occur in such an object.
c) if we assure you to the contrary that the object of performance has no defects or that the object is suitable for a particular use.
Method of making a claim
We will accept a claim at any of our premises at which it is possible to accept a claim, or at our registered office or place of business.
You can make a claim by email or in writing. When making a claim, please specify which product/event is the subject of the claim, which defect is the subject of the claim and which method of handling the claim you require. In order to facilitate the procedure, it is advisable to attach a proof of ordering the product/event or a tax document – invoice, if issued.
When a claim is made, we will issue a confirmation to the Consumer stating the date of the claim, what is the content of the claim, the method of handling the claim requested by the Consumer and the Consumer’s contact details for the purpose of providing information on the handling of the claim.
We are obliged to settle the Consumer’s claim, including the removal of the defect, and inform the Consumer of this within 30 days of the date of the claim, unless we agree with the Consumer on a longer period. After the expiration of this period, the Consumer is entitled to withdraw from the Contract or demand a reasonable price reduction.
We are also obliged to issue the Consumer with a confirmation of the date and method of handling the claim, the duration of the claim, or a written justification for the rejection of the claim.