Terms and Conditions
I. Introduction and explanation of the purpose of the terms and conditions
II. Important terms – definitions
III. Order and concluding a purchase contract
IV. Product price and payment
V. Terms of delivery
VI. Data on the functionality of digital content and its interaction with hardware and software
VII. Withdrawal from the purchase contract
VIII. Warranty, rights from defective performance, complaint procedure
IX. Complaint handling, consumer dispute resolution
X. Final Provisions
1. These terms and conditions (hereinafter referred to as the „TC“) apply to the purchase of the products via the web interface www.hanabartosova.com, which is operated by Bc. Hana Bartošová, based in Prague, Račiněveská 2544, 19016 – Prague 9, Czech Republic, IČ 71531874.
2. The purchase of products is based on the Purchase Agreement concluded between the Seller and the Buyer. The process of concluding the Purchase Agreement is described in detail in Article III. TC. TC is a document that is an integral part of the Purchase Agreement and details and explains the rights and obligations of both parties of the purchase agreement, i.e. the Buyer and the Seller. Arrangements that are different in the Purchase Agreement from the provisions of the TC take precedence (i.e. the text of the Purchase Agreement is above the text of the TC). The TC also address some other issues related to the purchase of digital content or the use of the website www.hanabartosova.com.
3. The TC contain information you need to have available before you buy a product. Please read the TC carefully and if you have any comments or questions, please contact me before ordering any of products. Contacts can be found in Article II. TC. By clicking on the “Submit” button, you are confirming that you have seen and read TC and you agree with the course of business and cooperation I describe in this document.
- THE SELLER
The seller is: Bc. Hana Bartošová
ID: 71531874
TAX ID: I am not a VAT payer.
Address: Račiněveská 2544, 19016 – Praha 9.
Registered in the Trade Register
E-mail: hana@hanabartosova.com
2. THE BUYER. The byer is any visitor to the website who, through the order form on www.hanabartosova.com, created an order using a computer system located on the Internet with public access, which allows ordering goods or services.
3. THE CONSUMER. According to the law, a consumer is a natural or legal person who does not act within his business activity or within the performance of his/her profession. If you state the ID number in the order, I will assume that you are concluding the Purchase Agreement as an entrepreneur and not as a consumer.
4. CONSUMER AGREEMENT. It is a Purchase Agreement in which the consumer acts as the Buyer. According to applicable laws, the consumer is more protected than the Buyer, who is not a consumer. At the same time, the Seller has more obligations towards the consumer than towards another Buyer and is obliged to provide the consumer with the information stipulated by both the Commercial Code and the Consumer Protection Act. If the Buyer is a person other than the consumer, the provisions of the TC which serve exclusively for consumer protection shall not apply.
5. CONTRACTS CONCLUDED ON DISTANCE. It is a Purchase Agreement which is concluded by means of distance communication, i.e. it is concluded without the Seller and the Buyer having to meet in person, because they concluded it via a web interface or via e-mail, telephone or similar means of communication. The costs associated with these types of communication (especially the cost of internet connection and telephone calls) you cover yourself and they do not differ from the normal rate charged by your operator, respectively internet connection provider. By placing an order, you agree to use of means of distance communication.
6. APPLICABLE LAW. These are valid legal regulations that govern the relationship between the Buyer and the Seller. These are, in particular, Act No. 89/2012 Coll., The Commercial Code (hereinafter also referred to as the “CC”), and in cases where the Buyer is a consumer, it is also Act No. 634/1992 Coll., On consumer protection.
1. The buyer orders products via the web interface, i.e. through the automatic ordering system, by sending the completed order form.
2. DESCRIPTION OF THE PRODUCT. Product means any electronical product or service sold via respective website. The web interface provides a detailed description of the product offered, including what it contains, to whom it is intended, what it can bring to the reader and in what format it is provided. There is also a detailed description of the bonuses that are provided along with the product. All presentations on the web interface are for information only. As a Seller, I am not obliged to conclude a Purchase Agreement regarding these products. The provisions of § 1732 para. 2. CC shall not apply.
3. PRODUCT ORDERING. To order a product via the web interface, use the order form, where you fill in your name, surname or company, address, email, telephone number, for entrepreneur ID number, VAT number, and choose the method of payment.
Before sending the order, you are allowed to check and change the data entered in the order form and, if necessary, correct any errors and inconsistencies. Click the “Submit” button to submit your order.
I will inform you about the receipt of the order by e-mail sent to your e-mail address that you entered in the order. Order receipt information is sent automatically. If the confirmation does not state that I accept the order, I will send you information about the acceptance of the order in a following e-mail. Until you receive a confirmation of receipt of your order, it is possible to cancel the order by phone or e-mail (to the address specified in Article II. of the TC). By delivering the confirmation of receipt of the order to your e-mail address specified in the order, the Purchase Agreement is concluded.
If in doubt, I can contact you to verify the authenticity of the order, and if the authenticity of the order cannot be verified, it is considered that the order has not been placed at all and I no longer deal with such an order.
4. The purchase contract is concluded in the English language. The contract is concluded in electronic form, it consists of your order, its acceptance by me and these TC. I archive the contract in electronic form, it is not accessible.
1. PRODUCT PRICE. The currently valid price of the product is always listed on the web interface. The price is valid for the entire time it is listed on the web interface. If the promotional price is stated, it is also stated under what conditions and for how long the promotional price is valid. Due to the nature of the electronical product, there are no transport costs or other costs associated with its delivery. The calculated price stated in the order summary (i.e. before you click on the “Submit” button) is therefore the final price.
2. The agreed purchase price is the price stated for the product at the time of sending your order (stated in the sent order form). If there is an obvious error in stating the price on the web interface (this means mainly a typo, an error in entering the price) or a similar error in the process of concluding the Purchase Agreement, then I am not obliged to deliver you the product for such a manifestly incorrect price, not even in the event of automatic confirmation of receipt of the order. In the event that this obviously incorrect price is already paid by you, I am entitled to withdraw from the Purchase Agreement. If the purchase price changes between the sending of your order and its confirmation by me, the purchase price valid at the time of sending the order applies, unless otherwise expressly agreed between us.
3. Unless stated differently, I am obliged to deliver the product to you only after full payment of the agreed purchase price.
4. METHOD OF PAYMENT. The purchase price can be paid in the following ways: by bank transfer to my account (payment usually takes 1-2 working days). You will receive payment instructions in an email confirming receipt of your order. When making a payment, please do not forget to indicate the relevant variable symbol so that the payment can be quickly paired, and the product delivered as soon as possible.
Any other methods of payment will be listed on the web interface or can be expressly agreed between us. The purchase price is paid in euros.
5. DUE DATE OF TE PURCHASE PRICE. The due date is indicated in the payment instructions. The purchase price is paid when the relevant amount is credited to my bank account.
After receiving the payment, I will issue you an invoice, which you will receive for online payment methods immediately after making the payment, in other cases within 3 working days of receiving the payment.
The provisions of § 2119 par. 1 CC shall not apply.
The product cannot be paid in the form of an installments unless stated differently directly in product description.
1. METHOD OF DELIVERY OF A PRODUCT. Access to the product will be sent to you after payment of the purchase price to the e-mail address provided by you, either as an attachment to an e-mail message or by sending a link in the form of a website address where the content can be downloaded or opened.
2. DELIVERY PERIOD. If the payment is made by regular bank transfer, the product will be delivered no later than 3 working days after the payment is credited to my bank account. If the product (e.g. course) is tied to a certain launch date, access will be delivered to you in the schedule given for the product.
3. TRANSPORT COSTS. Due to the nature of the product (e-product), no shipping costs are charged.
4. After delivery of the product, please check the functionality and availability of the content as soon as possible, and if you find any deficiencies or defects, please contact me so that I can make a correction. Details are given in Article VIII of these TC.
5. For full functionality, digital content requires that you have hardware and software equipment that allows you to open and work with documents in format mentioned in the order form, (for details, see Article VI of the TC).
1. I send digital content (e-product) only to you, as the Buyer, to your e-mail address, or by making available the address of the website where the content is located. Digital content requires full hardware and software to open and work with pdf documents and other formats mentioned in the order form. You can download the content in a web browser, if it was delivered by sending a link to a web page. To download the product, it is necessary that you are connected to the Internet with a sufficient connection speed. I am not responsible for the unavailability of content in the event of a malfunction or slow speed of your internet connection. The content may be temporarily unavailable for a short time in the event of data maintenance or server outages. The Website may be updated without notice.
2. Digital content is protected by copyright and it is not possible to redistribute it or allow other people to use it without my consent. The product is for educational and informational purposes only and it is created by using my knowledge and experience. These are instructions and recommendations, and it depends on your abilities and other circumstances what results you will achieve with their help. Products cannot replace personal consultation. I am not responsible for your possible failure to apply the procedures, advice and recommendations provided in the product.
1. By the law, the consumer can usually withdraw from a contract concluded remotely without giving reasons within 14 days of concluding the purchase contract. In such a case, please inform me at hana@hanabartosova.com or in writing to the address given in the introduction to these TC. In the information, state that you would like to withdraw from the Purchase Agreement within 14 days as part of the satisfaction guarantee and please attach, if possible, proof of purchase of the product or provide at least the date of purchase, your identification data and information which product you purchased. You do not have to justify the withdrawal.
2. Withdrawal from the purchase agreement as stated above means that the withdrawal must be sent within 14 days by e-mail to hana@hanabartosova.com or by post to my address specified in Article II. paragraph 1 of the TC.
3. As a Buyer, you may also withdraw from the Purchase Agreement in other cases stipulated by law or the Purchase Agreement and the TC, especially in the case of defective performance (Article VIII. TC). As a Seller, I am entitled to withdraw from the Purchase Agreement in case of breaking your obligations under the Purchase Agreement, especially in case of unauthorized interference with the web interface, copyright infringement and in other cases provided by the law. If the Buyer does not pay the purchase price even within 10 days after the due date, the Purchase Agreement is canceled upon expiry of this period.
4. If you are provided with a gift or bonus together with the product, the gift contract is concluded between us with the untying condition that if you withdraw from the Purchase Agreement without giving reasons, the gift contract becomes invalid and you are obliged to return it within 14 days of withdrawal from the contract. All gifts and bonuses are sent or made available only after payment of the purchase price, unless it is stated on the web interface that they are sent only after the expiration of the guarantee period.
1. The rights arising from defective performance are governed by applicable law, in particular the provisions of section from §2099 to §2112 and sections from §2165 to §2174 of the CC.
2. The rights under the warranty are governed in particular by the provisions of sections from §2113 to §2117 and from §2161 to §2164 of the CC.
3. As the Seller, I reply to you that the product has no defects upon receipt. If you are a consumer, then if the defect manifests itself within 6 months of receipt, it is considered that the product was defective at the time of receipt. If you are a consumer, I am also responsible for ensuring that defects do not occur during the warranty period, which is 24 months from receipt of the product.
4. In case the defect cannot be removed or in the event of repeated occurrence of a defect or the occurrence of a large number of defects, you have the right to request the replacement of the product with a new one or to withdraw from the Purchase Agreement. In the event that you do not withdraw from the contract or apply the right to deliver a new product without defects, you can request a reasonable discount. You can request a reasonable discount even if I am not able to deliver the new product to you without defects, as well as if I do not arrange a remedy within a reasonable time or if arranging a remedy would cause you considerable difficulties. Due to the nature of the product, the unavailability of a part of the content, or a missing or illegible part, comes into consideration as a defect.
5. Defective performance rights do not apply to you if you know before taking over the product that the product has a defect or if you cause the defect yourself. The warranty and claims for liability for defects do not apply to defects caused by improper use or storage of the product.
6. If the product was not delivered to you within the delivery time, please first check the Spam or Promotions folder. If you do not find the product there either, file a complaint according to the following paragraph.
7. File a complaint with me without a delay after finding defects. You can file a complaint by e-mail to the electronic address hana@hanabartosova.com or send it in writing to the address specified in Article II of the TC. I welcome you to attach an invoice or other proof of purchase to the complaint, a description of the claimed defect and a proposal for resolving the complaint. I will handle the complaint without any delay, within 30 days at the latest, unless we expressly agree otherwise. I will provide you with a written confirmation of the claim and settlement of the complaint, if you are a consumer.
1. If you have a complaint about the concluded Purchase Agreement, its performance or my activities, please contact me at the electronic address hana@hanabartosova.com
2. Businesses on the basis of a trade license, the control body is the relevant trade licensing authority, and the Czech Trade Inspection Authority supervises compliance with consumer protection regulations. Compliance with regulations on personal data protection is supervised by the Office for Personal Data Protection. You can also address your complaints to these authorities.
3. If there is a consumer dispute between me as a seller and a consumer, the consumer has the right to an out-of-court settlement. The Czech Trade Inspection Authority is the subject of an out-of-court settlement pursuant according to Act No. 634/1992 Coll, on Consumer Protection. All details on the out-of-court settlement are available on the website of the Czech Trade Inspection Authority www.coi.cz The consumer can also use the online dispute resolution platform set up by the European Commission at http://ec.europa.eu/consumers/odr/.
4. I state that I am not bound by any codes of conduct (§ 1826 paragraph 1 letter e) CC).
1. The purchase contract is concluded for a definite period of time, until the fulfillment of the obligations of the Seller and the Buyer arising from the contract.
2. The protection of personal data is addressed in a separate document, which can be found on the web interface.
3. Please note that I am entitled to unilaterally change these TC, however, the text of the terms and conditions effective at the time of sending the order always applies to the Buyer.
4. These TC are effective from 14.7.2020