General terms & conditions for sale of Digital Workbook - further mentioned as "e-book"
Blossoming Together – Practical Step-by-Step Survival Guide for Loving Mothers of Teen Daughters
I. INTRODUCTORY PROVISIONS AND EXPLANATION OF THE PURPOSE OF THE GENERAL TERMS AND CONDITIONS
1) The General terms and conditions (hereinafter referred to as the “GTC”) apply to the purchase of e-books (electronic books), hereinafter also referred to as the “digital content” or “e-book”, which are for sale on the website www.janakyriakou.com ran by Jana Kyriakou, IN: 026 97 556, with registered office at Michalovicova 812/4, Praha 6, 169 00, as a natural person registered in the Trade Licensing Register (hereinafter referred to as the “Seller”).
2) The purchase of e-book is made on the basis of a purchase agreement concluded between the Seller and a Buyer. The process of concluding a purchase agreement is described in detail in the Article III. of the GTC. The GTC is an integral part of the purchase agreement and explains in detail the rights and obligations of both parties to the purchase agreement, the Buyer and the Seller. The provisions in the purchase agreement which are different from the provisions of the GTC take precedence (meaning the wording of the purchase agreement is above the wording of the GTC). The GTC address some other issues related to the purchase of digital content or the use of the website www.janakyriakou.com.
3) The GTC contain information you need to have at your disposal before you buy e-book. Please, read the GTC carefully and in case you have any comments or questions, contact me before ordering e-book (i.e. before clicking on the “Submit” button). Contact information can be found in the Article II. of the GTC. Mutual communication is the best way to eliminate any possible future misunderstandings between us. By clicking on the “Submit” button, you are giving me a signal that you have seen, read and agreed with the course of business and cooperation as I describe it here. That also gives me a signal that you are serious about your order and that you are, like me, ready to fulfil your obligations under the subsequently concluded purchase agreement (I, as the Seller, primarily deliver the ordered e-book to you and you, as the Buyer, pay the agreed price for it).
II. IMPORTANT TERMS (DEFINITIONS)
The Seller is Jana Kyriakou ID number: 026 97 556, with registered office at Michalovicova 812/4, Praha 6, 169 00. Telephone number: +420 724 881 555. E-mail address: firstname.lastname@example.org.
The Buyer is the person who concludes the purchase agreement with the Seller via the web interface www.janakyriakou.com, and thus buys an e-book. The Buyer can be an entrepreneur (a natural person in business, often also referred to as a self-employed person or a legal entity) or a consumer.
According to the law, a consumer is a natural person who does not act within the scope of his business activity, or within his trade, business or profession. If you are a natural person and you state the ID number (IČO) in the order, it is considered that you enter into the purchase agreement as an entrepreneur and not as a consumer.
4) Consumer contracts:
A consumer contract is a purchase agreement in which a consumer acts as the Buyer. According to the current law, a consumer is protected more than the Buyer who is not a consumer. At the same time, the Seller has more obligations towards the consumer than towards a Buyer who is not a consumer and is obliged to provide the consumer with the information stipulated by both the Civil Code and the Consumer Protection Act. If the Buyer is not a consumer, the provisions of the GTC which serve exclusively for consumer protection shall not apply.
5) Distance contracts:
A distance contract is a purchase agreement negotiated through means of distance communication. Such purchase agreement is concluded without the Seller and the Buyer having to meet in person because they conclude the agreement via a web interface (on the basis of an order made by the Buyer directly on the website www.janakyriakou.com by filling in the necessary data) or by e-mail communication, by telephone or by similar means of communication. The costs associated with the use of means of distance communication (especially the cost of internet connection and telephone calls) are borne by you and not differ from the normal rate charged by your operator or your internet provider, as the case may be. By placing an order you expressly agree with using the means of distance communication.
6) Applicable legislation:
Applicable legislation means current legal regulations that govern the relationship between the Buyer and the Seller. These are, in particular, Act. No. 89/2012 Coll., The Civil Code, as amended (hereinafter referred to as the “CC”) and in cases where the Buyer is also a consumer, it is also Act. No. 634/1992 Coll., On consumer protection, as amended.
III. THE ORDER AND CONCLUSION OF THE PURCHASE AGREEMENT
1) The Buyer orders the e-book via the web interface, i. e. through the ordering system, by sending the completed order form.
2) The web interface provides a detail description of the e-book offered, including what it contains, to whom it is intended, what it can bring to the reader and in what format it is provided. All marketing content on the web interface is for information only. As the Seller, I am not obliged to enter into a purchase agreement for these products. The provisions of 1732 para. 2 CC shall not apply.
3) The e-book can be ordered via the web interface using the order form where you as a Buyer fill in your name, your surname or the name of your company, address, e-mail, telephone number, for entrepreneurs ID number, VAT number, and choose the payment method. Click the “Submit” button to submit your order. The data provided in the order will be considered as correct by the Seller.
4) Submitting the order form is considered to be an act of the Buyer which undoubtedly identifies the ordered e-book, purchase price, person of the Buyer, payment method of the purchase price and is a binding offer to enter into a purchase agreement (hereinafter referred to as the „Order“). The validity of the Order is subject to filling in all the mandatory data in the order form and the Buyer’s confirmation that he has read the GTC.
5) The Buyer will receive a confirmation of receipt of the Order by the Seller to the e-mail address specified in the order form. The purchase agreement is concluded by delivery of the acceptance of the Order which is sent by the Seller to the Buyer by e-mail whereas the current GTC are attached to such confirmation. Until the Buyer receives the Order confirmation, it is possible to cancel the Order by phone or e-mail (using the address specified in Article II. of the GTC). In case of doubt, the Seller is entitled to contact the Buyer in order 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 submitted at all.
6) The purchase agreement is concluded in the English language. The purchase agreement is concluded in the electronic form and consists of the Order and its acceptance by the Seller together with these GTC. The purchase agreement is archived in an electronic form and is not accessible.
IV. THE PRICE OF E-BOOKS AND PAYMENT
1) The currently valid e-book price is always listed on the web interface. The prices of e-books are not binding for the Seller if they contain obvious errors. The price is valid for the entire time it is listed on the web interface, but this does not apply in the case of obvious errors, as stated in the previous sentence. 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 e-books, there are no shipping costs or other costs associated with its delivery. The calculated price listed in the order summary (i. e. before you click on the “Submit” button) is the final price. This provision does not limit the Seller’s ability to enter into a purchase agreement under individually agreed terms.
2) The agreed purchase price is the price stated next to the e-book at the time of submitting the Order (the price stated in the order form). Should there be an obvious error in the price on the web interface (this means mainly a typo, an error in entering prices) or a similar error in the process of conclusion of a purchase agreement, the Seller is not obliged to deliver an e-book for such obviously incorrect price, even in the event of an automatic confirmation of receipt of the Order. In the event that the Buyer already paid such obviously incorrect price, the Seller is entitled to withdraw from the purchase agreement. If the purchase price changes between the submission of the Order and its confirmation by the Seller, the purchase price valid at the time of submission the Order shall apply, unless otherwise agreed.
3) Unless expressly agreed otherwise between the Buyer and the Seller, the Seller is obliged to deliver the e-book only after full payment of the agreed purchase price has been made by the Buyer. Until the full payment of the purchase price, the e-book remains the property of the Seller.
4) The purchase price is paid in Czech crowns. The purchase price can be paid in the following ways:
– cashless payment by a card through a payment gateway The Pay;
V. TERMS OF DELIVERY
1) The e-book in PDF format will be available for download immediately after the payment of the purchase price has been made. After the payment you will be automatically redirected to the page with the download link. After paying the purchase price to the e-mail address provided by the Buyer, a link will be sent in the form of the website address, on which the content can be downloaded five more times. Due to the nature of the product (e-book), no shipping costs are charged.
2) The delivery time depends on the chosen method of payment. In a case of a payment by credit card, the e-book will be delivered no later than 24 hours after the payment.
3) After the delivery of the e-book, the Buyer is obliged to check the functionality and availability of the digital content of the e-book without undue delay and in case of defects in the digital content of the e-book, he is obliged to file a complaint about these defects in accordance with Article VIII. of these GTC.
4) The digital content of the e-book requires hardware and software equipment to be fully functional, enabling in particular to open and work with documents in PDF format (for details, see Article VI. of the GTC).
VI. INFORMATION ON THE FUNCTIONALITY OF DIGITAL CONTENT AND ITS INTERACTION WITH HARDWARE AND SOFTWARE
1) The digital content (e-book) is sent to the Buyer to the e-mail address specified in the Order, or a link to the website where the digital content can be downloaded is made available to the Buyer. Digital contents of the e-book requires hardware and software equipment for full functionality, which enables, in particular, opening and working with PDF documents. Digital content can be downloaded in a web browser if it has been delivered by sending a link to a website. To download the e-book, it is necessary to have an Internet connection with a sufficient connection speed. The Seller is not responsible for the unavailability of the digital content in the event of a malfunction or slow speed of the Internet connection. Digital content may be temporarily unavailable for a short time in the event of data maintenance or server outages. The website may be updated without any prior notice.
2) The digital content is protected by copyright, and it is not possible to further distribute it or allow its use by other persons without the express consent of the Seller. The e-books are for educational and informational purposes only and are created using the knowledge and experience of the Seller. The e-books serve as guidelines and recommendations and do not guarantee the achievement of any specific results. The e-books cannot substitute personal consultations. The Seller shall have no liability for any potential failures regarding the application of procedures, advices and recommendations stipulated in the e-books.
VII.WITHDRAWAL FROM THE PURCHASE AGREEMENT
1) In general, the Buyer-consumer is entitled to withdraw from the purchase agreement concluded by means of distance communication without giving reason within 14 days from the conclusion of the purchase agreement. However, this does not apply if the digital content (e-book) was delivered to the consumer with his prior express consent before the expiry of the period for withdrawal from the purchase agreement. In the event that the consumer gives such consent, the Seller shall not have the right to withdraw from the purchase agreement without giving reason within 14 days from the conclusion of the purchase agreement.
2) The Buyer may also withdraw from the purchase agreement in other cases stipulated by law or the purchase agreement and the GTC, especially in the case of defective performance (Article VIII. of the GTC).
3) The Seller is entitled to withdraw from the purchase agreement in the event of a material breach of the Buyer’s obligations under the purchase agreement, especially in the event of an unauthorized interference with the web interface, copyright infringement and other cases provided by law.
VIII. QUALITY GUARANTEE, RIGHTS FROM DEFECTIE PERFORMANCE, COMPLAINT PROCEDURE
1) The rights arising from defective performance are governed by valid legal regulations, in particular the provisions of Sections 1914 to 1925, Sections 2099 to 2112 and Sections 2165 to 2174 of the CC and Act No. 634/1992 Coll., On Consumer Protection. Due to the nature of the digital content, the Seller does not provide the guarantee for the quality of the e-book in the sense of the provisions of § 2113 to 2117 of the CC.
2) The Seller is responsible for the e-book being free of defects uponreceipt. In the case of the Buyer-Consumer, if the defect of the e-book becomes apparent within 6 months of receipt, it is considered that the e- book was defective at the time of receipt.
3) The Buyer is obliged to exercise the rights arising from defective performance by the Seller without delay after learning about it. Complaints can be made by e-mail to the electronic address email@example.com or in writing to the address of the Seller specified in Article II. of the GTC. The complaint must be accompanied by an invoice or other proof of purchase, a description of the claimed defect and a proposal for resolving the complaint in accordance with Article VIII., para. 4 of these GTC. The complaint will be resolved by the Seller without undue delay, no later than within 30 days, unless the Seller and the Buyer expressly agree otherwise. The Seller shall provide a written confirmation of the filed complaint and settlement of the complaint.
4) In the event of a defect that cannot be removed, the Buyer has the right to request the replacement of the e-book by a new one, or to withdraw from the purchase agreement. In the event that the Buyer does not withdraw from the purchase contract or does not exercise the right to deliver a new e-book without defects, he may request a reasonable discount on the purchase price. The Buyer is entitled to request a reasonable discount from the purchase price also if it is not be possible to deliver the e-book without defects.
5) The Buyer shall have no rights from the defective performance if the Buyer knew about the respective defect before accepting the e-book, or if the Buyer caused the defect himself. Defect liability claims do not apply to defects caused by improper use of the e-book or improper storage of digital content.
6) In the event of a delay by the Seller in the delivery of the digital content, please first check the “bulk mail” or spam folders. If you do not find a confirmation e-mail with a link to download the e-book there either, file a complaint according to para. 3 of this article or contact the Seller via e-mail firstname.lastname@example.org.
IX. COMPLAINT HANDLING, CONSUMER DISPUTE RESOLUTION
1) If you have a complaint about the concluded purchase agreement, its performance or the activities of the Seller, contact the Seller at the address specified in Article II. of the GTC or at the electronic address email@example.com. The oversight of compliance with regulations on consumer protection is carried out by the Czech Trade Inspection Authority. 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.
2) If there is a consumer dispute between the Seller and the Buyer-consumer, the consumer has the right to an out-of-court settlement. The Czech Trade Inspection Authority is the authority for an out-of-court settlement pursuant 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/.
3) The Seller is not bound by any codes of conduct in the sense of the provisions of § 1826 para. e) of the CC.
X. FINAL PROVISIONS
1) The protection of personal data is governed by a separate document, which you will find here.
2) Please note that the Seller is entitled to unilaterally change these GTC, however, the wording of the GTC effective at the time of submitting the Order applies to that specific purchase.
3) These GTC are effective from 1 June 2020