- GENERAL PROVISIONS
1.1 These general terms and conditions (hereinafter referred to as “Terms”) apply to the sale of products and services by the seller, Václav Kural, with registered office at Zvolenská 3128/6, 141 00, Prague, ID: 14302306.
1.2. The Terms specify and clarify the rights and obligations of the seller and the buyer (also referred to as “customer”).
1.3. The provisions of the terms and conditions are an integral part of the purchase agreement.
1.4. If the contracting party is a consumer (a person other than a business operator who places an order within the scope of their business activity), relationships not regulated by the terms and conditions are governed by the Civil Code (Act No. 89/2012 Coll.) and the Consumer Protection Act (Act No. 634/1992 Coll.).
1.5. These terms and conditions are stated on the seller’s website and apply to the sale of products and services by the seller on the website.
- ORDER AND CONCLUSION OF PURCHASE AGREEMENT
2.1. The product designation, description of its main features, and price, including information on whether the price includes VAT or not, are stated on the selected page of the seller’s website. In the case of a price excluding VAT, the price with the corresponding VAT rate is subsequently stated. The price is also always stated on the order form. The sales offer remains valid as long as it is displayed on the web interface.
2.2. The sales form always contains information about the customer, the ordered product, goods or service, price including taxes and fees, method of payment of the purchase price, details of the desired method of delivery, and information on the costs associated with the delivery of the product or service provided. No delivery costs are charged for online courses.
2.3. The contractual relationship between the seller and the customer arises upon submission of the order (not after the order is confirmed). The customer places the order by clicking the “Order” button. From this moment, mutual rights and obligations arise between the customer and the seller, which are defined by the purchase agreement and these terms and conditions. By placing the order, the customer confirms that they have read and agree to these terms and conditions. The condition for a valid electronic order is the completion of all required data and details specified in the sales form. The seller excludes acceptance of the offer with an addition or deviation.
2.4. Information on the individual technical steps leading to the conclusion of the contract is apparent from the ordering process, and the customer has the opportunity to check and, if necessary, correct it before submitting the order. The data provided in the order is considered correct by the seller.
2.5. The customer agrees to the use of remote communication means when concluding the contract.
2.6. The contract is concluded in the Czech language. The contract or relevant tax document will be stored in the seller’s electronic archive for 5 years from its conclusion for the purpose of its successful fulfillment and is not accessible to third parties not involved.
2.7. The seller is obliged to provide or deliver the goods/service ordered by the customer, and the customer undertakes to accept the goods/service and pay the purchase price to the seller. The obligation to deliver the goods/service is waived by the seller in case of stock depletion, of which the customer will be informed.
2.8. Ownership of the products/goods passes to the customer upon payment of the purchase price and their receipt.
- PRICE, PAYMENT METHOD
3.1. The price of products, goods, and services, including information on whether the price includes VAT or not, is stated on the selected web interface of the seller. In the case of a price excluding VAT, the price with the corresponding VAT rate is subsequently stated. The price is always stated on the sales form.
3.2. The seller issues a tax document – invoice regarding payments made under the contract to the customer, which serves as proof of purchase of the product, goods, or service. The seller is not a value-added tax payer.
PAYMENT METHOD
3.3. The customer pays the price of the product/goods and any costs associated with the delivery of the goods by non-cash means and to the account selected in the sales form.
3.4. For non-cash payments, you can use payment by bank transfer based on the invoice.
3.5. The payment is one-time.
3.6. The customer is obliged to pay the price together with the correct variable payment symbol; otherwise, the seller will not be able to identify the payment and provide the requested performance on time.
3.7. The purchase price is due within 14 days of the conclusion of the contract (from the date of issue of the invoice), unless otherwise stated. The customer’s obligation to pay the price for the product/goods or service is fulfilled by crediting the relevant amount to the seller’s account.
- DELIVERY CONDITIONS
4.1. For online educational products, delivery means sending access data from the seller to the customer’s email address provided in the sales form or by sending a URL link.
4.2. The access data will be provided by the seller to the customer only after the payment of the entire purchase price, and no later than within three days, unless stated otherwise.
4.3. In the case of physically conducted workshops and seminars, the seller will deliver them at a predetermined place and time, which are always specified in the individual customer sales form. The delivery will be considered fulfilled by the actual implementation of the workshop.
- SECURITY AND COPYRIGHT PROTECTION
5.1. Access data for online products or to the relevant URL address are intended only for the personal use of the customer. Access to the user account is secured by a username and password. The customer is required to maintain confidentiality regarding the information necessary to access their user account for the online product or provided URL address. The seller is not responsible for the misuse of the username and password by a third party.
5.2. Products sold by the seller through the web interface (online educational programs, books) including their content, are subject to legal protection under copyright law. Any distribution or provision of them to third parties without the author’s consent is prohibited. The right to exercise the copyright may be granted to the customer only based on a license agreement. The customer is liable to the seller for any damage caused by the violation of copyright protection rights.
- WITHDRAWAL FROM THE CONTRACT
6.1. Withdrawal from the contract by the consumer
If the buyer is a consumer, they have the right, in accordance with Section 1829 (1) of the Civil Code, to withdraw from the contract within fourteen days of receiving/delivering the product, without giving any reason and any penalty. This right does not serve as a means of resolving complaints about the goods.
6.2. Withdrawal from the contract within live workshops
If the buyer apologizes no later than 14 days before the event date:
a) The seller will refund the full purchase price of the selected event to the buyer. It is necessary to apologize electronically to the email info@vaclavkural.cz stating the reason and attaching a copy of the invoice/tax document and the date of purchase with the number of your bank account to which you request a refund of the purchase price of the selected event. The buyer will receive a credit note with the amount corresponding to the purchase price of the service. The amount will be refunded no later than 30 days from the receipt of the withdrawal from the contract email. The amount will be refunded by bank transfer.
b) The amount can also be transferred to another term of a similar event.
If the buyer apologizes no later than 7 days before the event date:
a) The seller will offer the buyer the option to use an alternative event date of similar content without the option of refunding the paid purchase price for the event.
b) The seller will refund 50% of the purchase price of the selected event to the buyer. It is necessary to apologize electronically to the email info@vaclavkural.cz, stating the reason and attaching a copy of the invoice/tax document and the date of purchase with the number of the buyer’s bank account to which the buyer requests a refund of 50% of the purchase price of the selected event. The buyer will receive a credit note with the corresponding amount. The amount will be refunded by the seller no later than 30 days from the receipt of the withdrawal from the contract email. The amount will be refunded by bank transfer.
In case of the buyer’s cancellation of the event due to sudden serious illness 7 days or less before the event date:
a) The entire amount is forfeited. All operational costs associated with booking a place for the buyer will be deducted because it is not possible to find a replacement for the buyer in such a short time. Alternatively, after agreement with the event organizer, the event can be used by another person in accordance with the conditions of the event.
b) If the seller succeeds in finding a replacement for the buyer, the seller will offer the buyer the option to use an alternative event date of similar content without the option of refunding the paid purchase price for the event.
The seller would like to thank you in advance for your understanding and, above all, timely apology in case the buyer cannot attend the event for any reason.
6.3. Withdrawal from the contract by the seller
The seller is entitled to withdraw from the purchase contract without undue delay if it finds that the other party has substantially violated the contract. For the purposes of this contract, a substantial violation of this contract is considered to be:
customer’s delay in payment of the purchase price or partial payment (instalments) for more than 10 days after the due date;
violation of obligations to protect copyright (Article 5 CP) by the customer.
- RIGHTS AND OBLIGATIONS REGARDING DEFECTIVE PERFORMANCE, COMPLAINTS
7.1. The rights and obligations of the contracting parties regarding the liability of the seller for defects, i.e., rights from defective performance, are governed by the relevant generally binding legal regulations (in particular provisions of Sections 1914 to 1925, Sections 2099 to 2117, and Sections 2161 to 2174 of the Civil Code).
7.2. The seller warrants to the customer that the goods are free from defects upon receipt. If the item does not conform to the purchase contract upon receipt, the customer has the right to have the seller free of charge and without undue delay bring the product/goods into a condition corresponding to the purchase contract.
7.3. Defective performance is claimed by the customer without undue delay from the seller, but no later than two years from the receipt of the goods.
7.4. For complaints, please contact us by email at info@vaclavkural.cz. The complaint should include proof of purchase and a description of the defect. You will be informed by email about how the complaint will be handled.
7.5. The customer may request free defect removal, a reasonable discount from the price, and if the nature of the defect is not disproportionate (especially if the defect cannot be remedied without undue delay), a request for the delivery of a new defect-free item may be made. If repair or exchange is not possible, based on withdrawal from the contract, the customer may request a full refund of the purchase price.
7.6. The complaint will be processed without undue delay, but no later than 30 days from the date of the complaint, if the seller and the customer do not agree on a longer period.
7.7. The seller is not obliged to comply with the customer’s claim if it proves that before acceptance, the customer knew about the defect in the goods or caused it themselves. The seller is not responsible for defects arising from normal wear and tear or failure to follow the instructions for use. Likewise, the seller is not responsible for defects that may arise for the customer due to slow internet connection of the buyer, outdated internet browser, or lack of mandatory software to run a webinar or online product, which the seller cannot influence. Online educational courses only contain instructions and recommendations; the seller also is not responsible for the success or failure of the customer in practice.
8. DATA PROTECTION
8.1. The Seller fully respects the confidential nature of your data that you fill in the order and provide to Václav Kural. The data is secured and protected against misuse. We use it for the entire transaction process, including necessary accounting operations, issuing tax documents, identifying your non-cash payments, and for communication with you, which includes all customer administration and also for marketing purposes. This data is stored in a database with strict security against misuse and is not provided to third parties.
8.2. Upon request, Václav Kural will promptly and in writing inform you about any personal data it has recorded about you, if any. If, despite our efforts to ensure the accuracy and timeliness of the data, incorrect information is recorded, we will correct it upon request. If you have any questions regarding the processing of your personal data, you can direct them to info@vaclavkural.cz, where we are available not only for information requests but also for inquiries or complaints.
8.3. Acquisition and processing of personal data
When you visit our website, our web servers record your IP address, which was assigned to you by your internet service provider, the website you visit us from, the web pages you visit on our site, and the date and duration of your visit, in a standard way. Personal data is only recorded when you provide it to us voluntarily, for example, during registration or to execute a contract. Disclosure of personal data to state authorities follows only within the framework of mandatory legal regulations.
8.4. Opt-out option
We want to use your data to inform you about our products and services, or to gather your opinions on them. Participation in such activities is, of course, voluntary. If you do not agree with them, you can notify us at any time so that we can block the data accordingly. In the case of email communication, you can unsubscribe at any time using the unsubscribe link provided in the footer of each email.
8.5. Consent to the processing of personal data
By filling out the sales form, the customer agrees to include the personal data provided by them in the database of Václav Kural, ID: 14302306, based at Zvolenská 3128/6, 141 00, Prague, as the administrator, and to their subsequent processing for marketing purposes and business communications via electronic means under Act No. 480/2004 Coll., for a period until the consent is revoked.
At the same time, the customer consents to receive information about upcoming events and offers from its business partners.
8.6. Cookies
Václav Kural uses cookies to track visitors’ preferences and optimize website creation accordingly. Cookies are small “files” that are stored on your hard drive. This facilitates navigation and ensures a high level of user comfort on the website. Cookies can be used to determine if you have already visited our site from your computer. Only the cookie on your computer is identified.
You can deactivate the use of cookies in your internet browser.
9. CANCELLATION CONDITIONS
If you apologize no later than 14 days before the date of the 1st meeting:
a) We will refund you the full purchase price of the selected event. It is necessary to apologize electronically to email info@vaclavkural.cz, stating the reason and attaching a copy of the invoice/tax document and the purchase date with your bank account number, to which you request a refund of the purchase price of the selected event. A credit note will be sent to you with the amount corresponding to the purchase price of the service. The amount will be refunded to you no later than 30 days from the receipt of the email withdrawing from the contract. The amount will be refunded by bank transfer.
b) The amount can also be transferred to another date of a similar event.
If you apologize no later than 7 days before the date of the 1st meeting:
a) We will offer you the option to use an alternative date for a similar event without the possibility of a refund of the paid purchase price for the event.
b) We will refund you 50% of the purchase price of the selected event. It is necessary to apologize electronically to email info@vaclavkural.cz, stating the reason and attaching a copy of the invoice/tax document and the purchase date with your bank account number, to which you request a refund of 50% of the purchase price of the selected event. A credit note with the corresponding amount will be sent to you. The amount will be refunded to you no later than 30 days from the receipt of the email withdrawing from the contract. The amount will be refunded by bank transfer.
In the event of your withdrawal from the event due to sudden severe illness 7 days or less before the event:
a) The entire amount unfortunately lapses. All operating costs associated with reserving a place for you are deducted, as it is no longer possible to find a replacement for you at such short notice. Alternatively, it is possible, by agreement with the event organizer, to use the event through another person, which will be in accordance with the terms of the event.
b) If we manage to find a replacement for you, we will offer you the option to use an alternative date for a similar event without the possibility of a refund of the paid purchase price for the event.
We thank you in advance for your understanding and, above all, for timely apologies, in case you cannot participate in the event for any reason. This will facilitate all organization, preparation, and smooth running of the events.
10. FINAL PROVISIONS
10.1 Information about the existence, method, and conditions of out-of-court resolution of consumer complaints, including information on whether complaints can be addressed to a supervisory authority or state oversight body
Out-of-court dispute resolution, especially through mediation or arbitration (arbitration proceedings); dispute resolution in the manner specified is based on the voluntary participation of both parties, the objectivity, and impartiality of the proceedings.
The supervisory and control authority of the state administration is the Czech Trade Inspection. The Czech Trade Inspection controls and supervises legal and natural persons selling or supplying products and goods on the internal market, providing services, or engaging in other similar activities on the internal market, providing consumer credit, or operating markets (markets), unless this supervision is performed by another administrative authority according to special legal regulations (further information is provided in Act No. 64/1986 Coll., on the Czech Trade Inspection).
If a consumer dispute arises between us as the seller and the customer-consumer, the consumer has the right to its out-of-court resolution. The out-of-court dispute resolution body under Act No. 634/1992 Coll., on consumer protection, is the Czech Trade Inspection. All details regarding out-of-court resolution are provided on the Czech Trade Inspection website www.coi.cz. The consumer can also use the online dispute resolution platform, which is established by the European Commission at http://ec.europa.eu/consumers/odr/.
11. EFFECTIVENESS
These terms and conditions take effect on 7.3.2022. Information is provided through websites or other information channels, usually by email. The Seller reserves the right to change these terms and conditions. Each new version of the terms and conditions is available on the website and is marked with the effective date. All orders are always governed by the current version of the terms and conditions.