For sale of e-books, on-line courses, goods, educational events and tickets for various presentation events and brokering services.
Dear website visitors of www.ivfmeeting.eu Welcome to the section with the general terms and conditions for the sale of our e-books, online courses, goods, educational events and tickets for various presentation events and brokering services. You may have already read the details of your selected product or training event on the website www.ivfmeeting.eu (“Web” or “Web Interface”). These general terms and conditions (abbreviated as “GTC”) contain the information you need to be available before you click on the Order button. Please read them carefully. You will also have to check the box “I accept the terms and conditions” before your order. If you read the GTC, your consent will be a real consent.
WHEN WILL THE GTC APPLY AND WHAT IS THE RELATIONSHIP WITH THE CONTRACT?
The GTC will be used for the sale of e-books, online courses and goods and services (both of which will be abbreviated further as “products”) and the order of workshops, seminars, educational stays and presentation events (hereinafter referred to as “educational events”) via the Web Interface. The GTC also provides more detailed conditions for the implementation of training events.
The purchase of products and ordering of training events and the process of concluding the contract is described below. The GTC are a document which forms an integral part of the agreement concluded between us. If the agreement had an arrangement that differs from the terms of the GTC, the agreements in the agreement prevail.
Purchase of products is based on a purchase agreement concluded between our companies as the seller and you as the buyer. The provision of training events takes place based on a service agreement concluded between us as the provider and you as the client (as the recipient of the service). If only the term “agreement” is used in the GTC, then this means both the purchase agreement and the service agreement. The contract is concluded in the Czech language, archived in electronic form and is not accessible to third parties. The contract consists of your order (completed by the order form on the Web interface) and its acceptance by us and these GTC.
CONTENTS OF THE GTC:
- Basic information about our companies
- Important terms
- How to order and conclude the contract?
- What about the price and how to pay?
- What about the functionality of digital content and its synergies with hardware and software and how about copyright?
- Warranty, rights from defective performance and complaints procedure
- Complaint handling, consumer dispute resolution
- BASIC INFORMATION ABOUT OUR COMPANIES
JeYLee company s.r.o.
COMPANY ID: 26966778
Registered Office: Mánesova 1653/85
Our company is registered in the commercial register at the regional Court in Prague, Sp. Zn. C 23456.
Our company is not a VAT payer
Pohle Projects s.r.o.
VAT: CZ 03586090
Registered office: Molákova 577/4 Karlín 186 00 Prague 8
Our company is registered in the commercial register at the regional Court in Prague, Czech Republic. C 234145.
Our company is a VAT payer
The delivery address is the same as the address of the registered office. We are at your disposal for regular communication and for possible handling of complaints and claims.
In the next text, our companies only act as the “seller”.
- IMPORTANT TERMS
WHO IS THE BUYER?
The buyer is the one who, through the Web interface, concludes with our companies a purchase agreement, which they purchase one of the products offered. When buying e-books and online courses or other online products, it is the provision of the so-called digital content (This is a term used directly by the Civil Code). As the buyer, we also refer to the client who, through the Web interface, orders the educational event and concludes a service agreement with our companies.
Although we assume that a typical purchaser who buys products or orders a training event will be a consumer, the purchaser may of course also be an entrepreneur (an entrepreneurial natural person – a self-employed or a legal person, e.g. s.r.o. or a joint-stock company).
WHO IS A CONSUMER?
A consumer is, by law, a natural person who does not act in the course of his business or in the independent pursuit of a profession. If you are a natural person and you include the IČO in the order, we will consider that you are entering into the contract as an entrepreneur and not as a consumer.
WHAT IS A CONSUMER CONTRACT?
It is the contract in which the consumer acts as buyer. In many cases, the consumer has a favored position compared to other buyers. If some of the law relates only to the consumer, this is expressly stated in the GTC (i.e. the “buyer” is referred to as “consumer”).
WHAT IS A CONTRACT CLOSED BY DISTANCE?
This is a contract which is concluded through MEANS OF DISTANCE COMMUNICATION, i.e. is closed without having to meet personally, because we use the Web interface to close it. The costs associated with the use of means of distance communication (especially the cost of Internet access and possible telephone calls) are paid by you as a buyer and do not differ from the normal rate charged by your operator or Internet service provider. By making an order you expressly consent to the use of means of distance communication.
WHAT LAWS GOVERN THE CONTRACTUAL RELATIONSHIP BETWEEN US?
This is the legislation in force, in particular Act No. 89/2012 Coll., the Civil Code (hereinafter referred to as “NOZ”) and in cases where the purchaser is a consumer, it is also Law No. 634/1992 Coll., on consumer protection.
HOW TO ORDER AND CONCLUDE THE CONTRACT?
As a buyer, you are ordering products and educational events via the Web interface, i.e. Through the ordering system on the website, by filling in the placed order form.
DESCRIPTION of PRODUCTS and EDUCATIONAL EVENTS: On the Web interface you will find a detailed description of the offered e-books, online courses and educational and presentation events, their content, information about who they are intended for and what benefit you can expect from them. You can view the offered goods and services on the web and find detailed information on the website. On the Web interface you can find references of clients who purchased products in front of you. The presentation of the products listed on the Web interface is an informative character. We are not obligated to conclude the contract. The provisions of § 1732 para. 2. The NOZ shall not apply.
ORDERING of PRODUCTS and EDUCATIONAL EVENTS (with the deadline already stated on the Web interface): For ordering via the Web interface, the Order/reservation form, where you fill in your contact details (name, surname, address, e-mail, when Order for the company and company data, company ID, VAT number), information about the ordered product (by placing the ordered product in the “basket” of the Web Interface), in the case of order of the training event you select the specific action and concrete package of offered services and product, If it is not already listed directly in the form and you select a payment method.
Before submitting your order, you are allowed to check and change the information entered in the order form and to correct any errors or irregularities that have arisen. Click on the Order button below the order to send the order.
To receive an order made through the order form on the Web interface, we will inform you by email sent to your e-mail address, the part (attachment) is also an invoice for the product. By delivering this confirmation of order acceptance to your e-mail address specified in the order, the contract is concluded.
Any changes to the contract (including cancellation of the order) are only possible by agreement between us.
In the doubt, we may contact you to verify the authenticity of the order and if the authenticity of the order is not verified, it is considered that the order has not been submitted at all and we continue to deal with such order.
Order products and educational events via the Web interface is possible 24 hours a day, 7 days a week. Please note, however, that the site may be temporarily unreachable due to the need for maintenance of the website or due to circumstances beyond our responsibility, such as Internet network downtime etc.
WHAT ABOUT THE PRICE AND HOW TO PAY?
PRICE of PRODUCTS and EDUCATIONAL EVENTS: The Web interface shows the price. The price includes value added tax. The price is valid for the entire time it is listed on the Web interface. Shipping costs and other costs associated with the delivery of e-books and online courses or other educational online products are not included so the price stated in the order summary is therefore the final price. For educational events, the Web interface shows what the price includes (e.g. whether it includes a snack). For goods, freight/postage is added to the price (see article V. Of these GTC in more detail).
The negotiated price is the price stated for the product or training event when your order is sent. If there is an obvious error in placing the price on the Web interface (which is mainly a typo, error in the award of the price) or similar error in the conclusion of the contract, then we are not obligated to provide you with such a manifestly erroneous price of the product, even if the order receipt has been automatically confirmed. In case you are already charged this manifestly erroneous price, we are entitled to withdraw from the contract and reimburse the amount paid in that case. If there is a change in the price between sending your order and confirming it on our part, the price will be valid at the time of dispatch of the order, unless there is another specific agreement between us.
Unless expressly agreed otherwise between us, we are obliged to deliver the product/training event to you after the full payment of the agreed price.
PAYMENT METHOD: The negotiated price can be paid as follows:
– Direct bank transfer to our bank account: payment instructions, in the form of an invoice, will be received in the e-mail confirming receipt of the order. When making a payment, please make sure to include the appropriate variable symbol so that the payment can be quickly matched and the product delivered as soon as possible.
– Non-cash online payment card or so-called online bank transfer via the payment portal. Payment methods are linked to the provider’s payment gateway, which provides secure credit card acceptance technology and online bank transfers. You enter credit card details and e-banking password numbers using the secure and trusted provider’s channel. They do not share this information with us, and we do not have access to it.
Price validity: The price is payable within 7 days of receipt of the order acceptance. The due date is shown on the invoice. For educational events, the entire price must be paid no later than 7 days from confirmation of receipt of the order, unless expressly agreed between us otherwise. The price is paid at the time the relevant amount is credited to our bank account. Products cannot be paid in the form of a rescheduling.
HOW WILL THE PRODUCTS AND EDUCATIONAL EVENTS BE DELIVERED TO YOU?
Product Delivery Terms:
DELIVERY TIME. The E-book and online course will be delivered within 5 working days (or on the date of the online course) after the payment is credited to our bank account. In the case of educational events, the delivery time is determined and communicated in advance on our website. The delivery time for goods is usually a maximum of 5 business days from the crediting of the payment to our bank account, if the goods are in stock. If the goods could not be delivered within this time limit, we will contact you to arrange the next procedure and if we do not agree on delivery at a later time, you and our company may withdraw from the contract. The withdrawal shall then be effective when it is marked on the other side of the contract in writing by post or email.
TRANSPORT COSTS. For e-books and online courses or other online products, no shipping or delivery costs are incurred and thus are not charged. The goods are charged freight/postage in the amount indicated directly on the Web interface.
If, for reasons on your part, you will need to have a shipment delivered repeatedly or in a non-ordered manner, you are obligated to reimburse the costs of repeated delivery or delivery in another manner, unless expressly agreed otherwise between us. In case you would refuse to accept the shipment without any particular reason, we are entitled to the reimbursement of the costs associated with its delivery and storage, as well as other costs incurred by us for you failing to take over the consignment.
b) Terms of delivery and cancellation of training events:
MODE OF DELIVERY: Educational events will be delivered according to the conditions specified in the description of the event on the Web interface or individually negotiated. The buyer has the right to undergo an educational event, subject to proper reimbursement of the entire educational event. The seller is entitled to change unilaterally the conditions of the training event eg. the lecturer, the time of each lesson, the venue within the same municipality/city, with the obligation to notify the buyer. This does not affect the obligations between the buyer and seller. The seller is responsible for the fact that changing the terms will not influence the purpose of the course. Educational events will only take place if they are held and paid by the minimum number of candidates specified by the seller. We reserve the right to cancel an educational event with fewer entries or force majeure. In this case, we will inform all subscribers in time.
POSSIBILITY OF PARTICIPATING SUBSTITUTE: An alternate member may be delegated to take the place of the buyer in the event that, for serious reasons, the buyer cannot attend, and only after prior agreement with us and in the event that it is admissible and possible due to the content of the training event.
EDUCATIONAL MATERIALS AND INFORMATION: All information and any written documentation, materials, scripts, phonograms and media, recommendations, techniques, personal data and other methods transmitted by the instructor to the head of action are intended only for the purposes of specific educational events and personal needs of individual buyers. They are not permitted to disclose and forward these to third parties without our knowledge and written consent, to modify, disseminate and copy them in whole or in part, to use for any commercial purpose or otherwise to publish.
RESPONSIBILITY DURING THE EDUCATIONAL EVENT: the buyer is totally responsible for himself, his decisions and his actions towards himself and others throughout the course of the educational event. Each participant including the instructor is liable for any injuries caused to himself or to others by his or her irresponsible or other behavior or for damages caused to the property and equipment of the premises he uses during the course of the training event.
POSSIBILITY TO EXCLUDE THE BUYER FROM PARTICIPATION: the buyer must not interfere with the normal course of participation in the training event. The seller or lecturer leading the educational event is entitled to exclude the buyer from participation in case the buyer has not respected these GTC and, as a consequence, damaged the event premises or material, injured another buyer or instructor, or if the buyer interferes the course of the event with inappropriate behavior (i.e. behavior against the rules of decent coexistence e.g. repeated interruptions, participation under the influence of alcohol or other addictive substances, insulting lecturers or other participants of the event). In the event of exclusion of the buyer from the educational event in such cases, the buyer is not entitled to the refund of the fee already paid, not even partially.
CANCELLATION POLICY: If the educational event is cancelled for reasons from our part and you as buyer have already paid the price, you will receive a full refund within 14 days from the date of the decision to cancel the action, unless we expressly agree to the use of the payment for a replacement action of your choice or we will agree on an alternative solution. Unless otherwise agreed, your payment will be refunded in the same way as it was made. As a buyer, you are entitled to cancel your participation in the training event. If you have already paid the price and you cancel the participation, the price is non-refundable unless otherwise agreed between us.
WHAT ABOUT THE FUNCTIONALITY OF THE DIGITAL CONTENT AND ITS SYNERGIES WITH HARDWARE AND SOFTWARE AND COPYRIGHTS?
Digital Content (e-book, online course or other online product) is sent 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 functionality to provide you with hardware and software equipment that allows you to open and work with documents in PDF format, or to play audio-visual recordings. A working Internet connection is required to download the product from the website. We are not responsible for the unavailability of the content in the event of malfunction or slow speed of your Internet connection. The content may temporarily be unavailable for short periods of data maintenance or server downtime.
The products are created using our knowledge and experience and years of practice. These are instructions and recommendations and it is up to you how you use them in practice and what kind of care and effort you will devote to putting this information into practice. Therefore, we cannot be responsible for the specific results you achieve based on the provided products. Products do not replace a personal consultation. Please note that this is not a health service. If the product or educational action indicates a recommendation for prior consultation with a physician or other professional or to meet other conditions of participation, please take this recommendation seriously. Digital content is protected by copyright and cannot be further disseminated or allowed to be used by others without our express written consent. Copyright infringement is punishable not only by copyright law but can also be a criminal offence.
USER ACCOUNT. After you purchase the online course, you will receive access data to log in to your user account after payment of the price, as indicated in the section on delivery terms (art. V. GTC). You agree to comply with the confidentiality of the access data and not to allow third parties to use it. As a buyer, you also undertake to keep your information in the user account current and true. In the event of a serious breach of your obligations under the agreement or these GTC, we are entitled to make the user account unavailable or revoked. Likewise, in the event of a breach of your copyright-related obligations.
WITHDRAWAL FROM THE CONTRACT
1a. E-BOOKS, ON-LINE COURSES AND OTHER ON-LINE PRODUCTS: According to § 1829 para. 1 NOZ as a consumer you have the right to withdraw from the concluded purchase contract without giving any reasons within 14 days from the date of conclusion of the contract. According to § 1837 point. (l) This option may be excluded for e-books and online courses (digital content). We reserve this right, but because we are confident in the quality of our e-books and online courses, and at the same time wishing you to be able to study it, we give all buyers the opportunity to withdraw from the purchase contract on the basis of individual request and assessment within 3 days of the delivery of the e-book or online course/product (the deadline is calculated from the date on which you received the access data for the online course). If you choose to use this option, the withdrawal from the contract must be sent by email to firstname.lastname@example.org or sent by post to our address provided by us..
1b. GOODS: If the subject of the purchase contract is the delivery of goods, then as a consumer you have under § 1829 paragraph. 1 NOZ the right to withdraw from this agreement without giving reasons within 14 days from the date on which you took the goods, as it is a contract concluded in a distance manner. Within this 14-day period, withdrawal from the contract must be sent by email to email@example.com.
Please note that under section 1837 of the NOZ, the consumer cannot withdraw from the contract in the below described cases:
On the supply of sealed goods which the consumer has removed from the package and cannot be returned for hygienic reasons,
On the delivery of newspapers, periodicals or magazines,
In such cases, we do not allow purchasers who are not consumers to withdraw from the contract.
1c. TRAINING ACTIONS: It is not possible to withdraw from the contract if it is a free time contract, if the seller is provided with such a transaction within the specified deadline (§ 1837 Point (j) OF the NOZ). The contract for the use of free time is also considered to be the provision of services-training events, if it fulfils the condition of the use of free time of the buyer and the provision in a predetermined term (which is why the conditions of cancellation of participation).
No later than 14 days after withdrawal from the purchase contract, we will refund the money we have received from you as a payment for the goods. We will refund your money in the same way you paid it, unless you agreed to another payment method that would not incur additional costs.
In case that your party does not cover the entire price within 5 days of its dueness, the contract is cancelled.
As buyer and our company as the seller, we are also entitled to withdraw from the contract in the cases stipulated by law or referred to in these GTC.
If a gift is provided to you together with the product or an educational event, the donation agreement between us is concluded with an opt-out condition that, if the contract is withdrawn from your side without stating the reasons, the donation agreement will cease to be effective and you are obligated to return the provided gift within 14 days of the withdrawal from the contract. All gifts and bonuses are sent or made available only after payment of the agreed price of the product or educational event, unless otherwise stated on the Web interface.
WARRANTY, RIGHTS OF DEFECTIVE PERFORMANCE, COMPLAINTS PROCEDURE
The rights arising from the defective performance are governed by the applicable laws and regulations, in particular the provisions of § 1914 to 1925, § 2099 to 2112 and § 2161 to 2174 NOZ.
The rights under the guarantee shall be governed in particular by sections 2113 to 2117 OF the NOZ.
As a seller, we are responsible for the fact that the product is not defective upon receipt. If you are a consumer, if the defect manifests itself within 6 months of receipt, it is considered that the product was defective on receipt. If you are a consumer, we also assume that defects will not occur within the warranty period, which is 24 months after receipt of the product. If you are not a consumer, we will only be liable for defects that the product has upon receipt. Please note that when comparing the supplied product, there may be a slight difference in the color of the supplied product as opposed to the color, as it appears on the monitor of the computer, tablet or mobile phone, due to the varying color settings of the monitors. Such a slight deviation is therefore not a reason for the complaint. With the products, even when unpacking the consignment, please handle it carefully, so as not to pinch them, rupture, etc. Keep away from heat sources and dry environments.
In the event of a defect that cannot be removed or if there is a recurrence of defects or multiple defects, you have the right to request replacement of the product or withdraw from the contract. In the event of a repairable defect on a previously unused product, you may require the repair of the defect or a reasonable discount on the price, or, if this is not disproportionate, require a replacement of the product. In case that you do not withdraw from the contract or exercise your right to have a new product delivered without defects or repair of the product, you may require a reasonable discount. You can apply for a reasonable discount even if we were unable to deliver a new or functional product without defects, as well as if we were not able to deal with the remedy within a reasonable period of time or if the remedy would have caused considerable inconvenience. In the case of e-books and online courses due to the nature of the product as a defect, the unavailability of the content (non-functioning access data) or the missing part of the content may be of particular consideration.
You do not have extra rights from defective performance if you know that the product has a defect or if you would have caused the defect yourself. Warranty and liability claims do not apply to defects caused by misuse of the product.
Contact us immediately after detecting defects. You can also inform us about your complaint in advance by email. If an e-book or online course or other online product (resp. access data) has not been delivered within the delivery period, please check the “bulk mail” or spam folder of your e-mail first. If you do not find the product there, apply the claim under this paragraph. We welcome you to attach an invoice or other proof of purchase, a description of the defect claimed and a suggestion of resolving the complaint. We will settle the claim without undue delay, within 30 days, unless we expressly agree otherwise. We will provide you with a written confirmation of the claim and handling. If, based on your order, the goods are shipped through a deliverer (i.e. also the Czech post), we ask you to check the shipment in the presence of the shipper and if damage to the consignment is detected deal directly with the shipper. The shipper then writes a log of the found fault with the addressee and the shipment is delivered back to the sender. As a buyer, you are entitled to refuse to take over a consignment that is not in conformity with the purchase agreement, such as a shipment which is incomplete or damaged. If you accept a damaged consignment from the shipper, it is necessary to describe the damage in the shipper’s transfer log. An incomplete or damaged consignment must be notified promptly by e-mail to: firstname.lastname@example.org, fill in the claims protocol with the shipper and send this to us without any undue delay by email or by post. Additional complaints of incomplete or external damage to the consignment give us the opportunity to prove that this is not a contradiction with the purchase agreement.
COMPLAINT HANDLING, CONSUMER DISPUTE RESOLUTION
If you have a complaint about a contract, its performance or our activities, please contact us at email@example.com.
We do business based on a trade license, the control authority is the competent trade licensing office, supervision of compliance with consumer protection regulations carried out by the Czech trade inspection. Compliance with Data protection regulations is supervised by the Office for the protection of personal data. You can also contact these authorities with your complaints.
If a consumer dispute arises between the seller and the consumer, the consumer has the right to an extrajudicial solution. The Czech Trade Inspection Agency is a non-judicial solution under Act No. 634/1992 Coll., on consumer protection. All the details of the extrajudicial solution are provided on the website of the Czech Trade inspection 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/.
The contract is concluded for a fixed term which lasts until the fulfilment of the obligations of the seller and buyer arising from the contract.
Personal data protection is dealt with by a separate document.
Please note that we are entitled to change these GTC unilaterally, but for the buyer, the text of the terms and conditions will always be effective at the time of the order dispatch. This version of the terms and conditions are available in PDF format as well as an email attachment confirming receipt of the order.
These GTC are effective from 31.7.2019