General Terms and Conditions
for the sale of e-books, online courses and other materials, which you can find on the website www.evasuchankova.cz.
Dear music and piano lovers,
You have just found yourself on the page with the general terms and conditions for the sale of my e-books (electronic books), sheet music, online courses, masterclasses and gift vouchers for online courses. On the website www.evasuchankova.cz (hereinafter referred to as the „web“ or „web interface“), you have probably already read the details of the product you have selected. These General Terms and Conditions (abbreviated as „GTC“) contain the information you need to have available before you click on the order button on the order page of the website. Therefore, please read them carefully. Before ordering the product, you check the box „I agree with the Terms and Conditions“. If you read the GTC, your consent will really be consent.
WHEN ARE THE GTC USED AND WHAT IS THEIR RELATIONSHIP TO THE CONCLUDED CONTRACT?
The GTC will be used for the sale of e-books, sheet music, online courses, masterclasses, other products offered and gift vouchers for online courses (all together will be abbreviated as „products“ in the following text) via the web interface (hereinafter referred to as „services“).
The purchase of products and the process of concluding the contract is described below. The GTC are a document that forms an integral part of the contract concluded between us. If there are provisions in the contract that differ from the text of the GTC, the provisions in the Contract shall prevail.
Contents of the GTC:
I. Basic information about me
II. Important terms to make it clear what is written here
III. How to order and conclude a contract?
IV. What about the price of products and how are they paid?
V. How will the products be delivered to you?
VI. What about the functionality of digital content and its interaction with hardware and software?
VII. Withdrawal from the Contract
VIII. Warranty, rights from defective performance and complaint procedure
IX. Complaint handling, consumer dispute resolution
X. In Conclusion
I. BASIC INFORMATION ABOUT ME
MgA. Eva Lorenc, Ph.D.
VAT number: CZ8759072806
Registered seat: Kralická 1082/18, Strašnice, 100 00 Prague 10, Czech Republic
I am registered in the trade register, the competent authority according to §71 paragraph 2 of the Trade Licensing Act is the Office of the Prague 10 District
I have been a VAT payer since 1 May 2018.
E-mail: eva@evasuchankova.cz (for communication regarding Products)
Telephone Number: +420 739 232 391
The delivery address is the same as the registered office address. On the above e-mails, I am at your disposal for normal communication as well as for possible handling of complaints and grievances.
In the following text, I only act as „Seller“.
II. IMPORTANT TERMS TO MAKE IT CLEAR WHAT IS WRITTEN HERE
WHO IS A BUYER
The buyer is the one who, through the web interface, concludes a purchase agreement with me, which will buy one of the offered products. When buying these products, it is a matter of providing so-called digital content (this is a term used directly by the Civil Code). Although I assume that the typical Buyer who buys products or services will be the consumer, the Buyer can of course also be an entrepreneur (a natural person engaged in business, often also referred to as a self-employed person or a legal entity, eg a s.r.o. or a joint stock company).
WHO IS THE CONSUMER?
According to the law, a consumer is a natural person who does not act within the scope of his business activity or within the scope of independent performance of a profession. If you are a natural person and you state the ID number in the order, I will consider that you are concluding the Agreement as an entrepreneur and not as a consumer.
WHAT AGREEMENT ARE WE CONCLUDING TOGETHER?
A Purchase Agreement is concluded for the sale of e-books, online courses and gift vouchers for online courses. The process of concluding the Agreement via the web interface and with the use of e-mail communication is described in detail in these GTC. 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 order form on the web interface) and its acceptance by me (for all types of products). The provisions in the Contract take precedence over the provisions of the GTC.
WHAT IS A CONSUMER AGREEMENT?
It is a Contract in which the consumer acts as the Buyer. In many cases, the consumer is in a better position than other buyers. If a right concerns only the Consumer, it is explicitly stated in the GTC (ie instead of “Buyer” it is stated “Consumer”).
WHAT IS A CONTRACT CONCLUDED IN A DISTANCE?
This is a Contract which is concluded by means of REMOTE COMMUNICATION, ie it is concluded without having to meet in person, as we use a web interface or e-mail to conclude it. The costs associated with the use of means of distance communication (especially the cost of internet connection and telephone calls) as the Buyer you pay yourself and do not differ from the normal rate charged by your operator, respectively. internet connection provider. By placing an order, you expressly agree to the use of means of distance communication.
WHAT LEGISLATION DOES THE CONTRACTUAL RELATIONSHIP BETWEEN US?
These are valid legal regulations, especially Act No. 89/2012 Coll., The Civil Code (hereinafter also referred to as „NOZ“) and in cases where the Buyer is a consumer, it is also Act No. 634/1992 Coll., On consumer protection .
III. HOW TO ORDER AND CONCLUDE A CONTRACT?
1. As a Buyer, you order products via the web interface, ie through the ordering system on the website, by filling out the order form located there. You order tutorials by filling out a non-binding order on the web interface and then we will contact you and agree on specific teaching conditions in accordance with the information provided on the website.
2. DESCRIPTION OF PRODUCTS AND SERVICES: On the web interface you will find a detailed description of the offered e-books, online courses and tutorials, their content with an indication of who they are intended for and what benefits you can expect from them. If you have additional questions, be sure to contact me or one of the lecturers before sending the order and we will explain everything necessary. On the web interface, you will also find references of clients who purchased and tested the products before you. The presentation of products on the web interface is of an informative nature. As a Seller, I am not obliged to enter into an Agreement. The provisions of § 1732 para. 2. NOZ shall not apply.
3. MULTILICENCE: If you are ordering my products for art schools, schools, companies, teachers and other organizations, please select the option to purchase a product with a multi-license in the order form. Why? Because copyright law does not allow you to copy and distribute e-products without this license. An e-product is legally considered software and therefore its distribution, unlike a printed book, is illegal. Volume licensing offers you unlimited distribution of my products among school staff (companies) exclusively for the needs of your school, company, organization and its students. In the case of ordering e-products at an art school, school, company or teacher without a multi-license, the order will be automatically canceled. If the buyer already sends the seller payment for the product without volume license to the account, after agreement between the buyer and the seller will be issued a surcharge invoice for the difference in price for volume license, or the buyer will be refunded (see withdrawal below). If the buyer has not yet paid the invoice without a volume license, he will select the option to purchase a product with a volume license in the order form.
4. GIFT VOUCHER. You can purchase a gift voucher for an online piano course for adult beginners on the web interface. You can order a gift voucher via the order form on the web interface www.evasuchankova.cz. The provisions for ordering products specified in paragraph 4 (a) shall apply mutatis mutandis to ordering. (a) of this Article, for price and payment the provisions of Article IV. of these GTC. The voucher can only be used for an online course taking place on a date that you choose directly when ordering the voucher and which will be stated both in the order and directly on the voucher. The voucher can only be used by the person listed on it, so if you want to order the voucher as a gift for someone else, please state this person as the end recipient in the note field in the order. It is necessary to state his name, surname and e-mail. The voucher is issued in paper form and will be delivered as a consignment to the address specified in the order. When applying for a gift voucher by logging in to the member section of the online course (or by a third party to whom the gift voucher was issued) based on the delivery of login details to the member section, which I will deliver to you within the agreed term, all provisions of these GTC also listed on the web interface related to the online course. It is therefore possible to use the guarantee according to Article VII. paragraph 1 of these GTC. However, if the gift voucher for the ordered course is not used up, it will not be used by the person to whom the voucher was issued, it will be forfeited immediately and it is not possible to request any compensation or refund.
4. A) ORDERING PRODUCTS. To order products via the web interface, use the order form, where as the Buyer you fill in your contact information (name, surname, address, e-mail, phone, when ordering the company and company information, ID number, VAT number), or select the method of payment, more variants are offered at the time of ordering. If additional information is required for sales within or outside the EU, this will be written on the order page.
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. Send the order by clicking on the order button below the order.
I will inform you about the acceptance of an order made via the order form on the web interface by e-mail sent to your e-mail address, which you entered in the order. Information on the receipt of the order is sent automatically, its part (attachment) is also an advance invoice for the product. By delivering this confirmation of receipt of the order to your e-mail address specified in the order, the Contract is concluded in the case of ordering an e-book or online course.
B) Any changes to the concluded Contract (including cancellation of the order) are only possible by agreement between us. Until the conclusion of the Agreement, you can cancel your order by e-mail sent to my e-mail address listed in the section „Basic information about me“ in Article I. of these GTC.
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.
It is possible to order products via the web interface or e-mail 24 hours a day, 7 days a week. However, please note that in exceptional cases, the site may be temporarily unavailable due to the need for site maintenance or due to circumstances for which I am not responsible, such as Internet connection outages.
IV. WHAT ABOUT THE PRICE OF PRODUCTS AND HOW ARE THEY PAID?
1. PRICE OF E-BOOK, ON-LINE COURSES, GIFT VOUCHERS AND SERVICES: The price is also listed on the web interface. I am not a payer of value added tax. However, for orders from other EU countries, please also refer to the information provided on the order page, here you will find details regarding the institute of the identified person. The price is valid for the entire time it is listed on the web interface. There are no shipping costs or other costs associated with the delivery of the products, except for the gift voucher, so the price stated in the order summary is the final price. For a gift voucher, postage is added to the price in the amount specified on the web interface and in the order.
2. The agreed price is the price stated for the product at the time of sending your order (stated in the sent order form), for lessons the price stated for the given school year on the web interface. If there is an obvious error in stating the price on the web interface or e-mail (this means mainly a typo, an error in entering the price) or a similar error in the process of concluding the Contract, then I am not obliged to deliver a product and service to you for such a manifestly incorrect price. even if there is an 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 Agreement and in that case I will refund the amount paid to you. If the price changes between the sending of your order and its confirmation by me, the price valid at the time of sending the order applies, unless otherwise expressly agreed between us.
3. Unless expressly agreed otherwise between us, I am obliged to deliver the product and service to you only after full payment of the agreed price.
4. METHOD OF PAYMENT: The agreed price can be paid in the following ways:
– cashless (classic) bank transfer to my bank account: payment instructions, in the form of an advance invoice, will be sent to you by e-mail confirming receipt of the order. When making a payment, please do not forget to indicate the relevant variable symbol so that the payment can be quickly matched and the product delivered as soon as possible.
– cashless online payment card or so-called fast online bank transfer via the payment portal, if this option is offered on the order page of specific products and services. Payment methods are connected to the payment gateway of GOPAY s.r.o., Which provides secure technology for accepting payment cards and online bank transfers. You enter payment card numbers, credit cards and passwords for electronic banking using the secure and trusted channel of GOPAY s.r.o. The company does not share this information with me and I do not have access to it.
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 EUR or USD.
5. MATURITY OF THE PURCHASE PRICE: In the case of a non-cash transfer, the purchase price is payable within 14 days of confirmation of receipt of the order. The due date is stated in the payment instructions, in the advance invoice. The purchase price is paid when the relevant amount is credited to my bank account. However, for lessons, the price must always be paid before the lesson begins.
In the case of a non-cash transfer made on the basis of an advance invoice, I will issue you an invoice upon receipt of payment and send an invoice to the e-mail specified in the order, which also serves as a delivery note.
The provisions of § 2119 par. 1 NOZ shall not apply
Products cannot be paid in the form of an installment calendar.
V. HOW WILL THE PRODUCTS BE DELIVERED TO YOU?
A. DELIVERY OF E-BOOK, ON-LINE COURSES AND GIFT VOUCHERS
1. METHOD OF DELIVERY: When purchasing an e-book, digital content in pdf or similar format (e-book) will be delivered after payment of the purchase price to the e-mail address provided by you as an attachment to an e-mail message or by sending a link in the form of a website address. on which the content can be downloaded or opened. When purchasing an online course, after paying the price, a user account will be created on the web interface and access data to your user account will be generated and sent to the electronic address specified in the order (conditions of use are specified in Article VI of these GTC). If the course is open for all registered students on the same day, you will receive access data on a pre-announced day after payment. After logging in using the access data, the digital content (online course) will be delivered to you by making the member section available. If it is effective with regard to the continuity of the content, the individual lessons will be made available to you gradually, according to the schedule given on the „bulletin board“ of the member section of the online course. The gift voucher will be delivered by post to the delivery address specified in the order. My obligation to deliver a gift voucher is fulfilled by handing it over for postal transport. If you unreasonably refuse (or another person unjustifiably refused) to accept the shipment with a gift voucher, then my obligation to deliver the voucher is not considered unfulfilled and is not considered a withdrawal from your contract.
2. DELIVERY TIME: The e-book or online course will be delivered when paying by online card or fast online bank transfer immediately after payment and when paying by regular bank transfer no later than 3 working days after the payment is credited to my a bank account, with the exception of such an online course, for which the course is delivered (opened) on a predetermined day for all participants. The gift voucher will be handed over for postal transport within 3 working days after payment resp. for payment by bank transfer from the crediting of money to my bank account.
3. FEEDBACK: For some courses or products, feedback is included, ie a way to control your piano playing, where the Buyer sends a recording of his playing to the Seller to obtain feedback. In the online world, this form of collaboration is a substitute for live piano lessons. For individual courses, masterclasses or other products, it is stated how the feedback is provided and when the dates for its use are given. In the case of online courses, the feedback is limited in time by the date of the course. In the case of masterclasses and other feedback packages, the deadline for using the feedback from the purchase of the product is a maximum of 1 calendar year. After the deadline for the use of feedback, it is no longer possible to request this service, nor to request other compensation in the form of financial compensation, etc.
4. TRANSPORT COSTS. Due to the nature of the products, no transport or delivery costs are incurred and therefore not charged. An exception is a gift voucher, where the costs are in the form of postage and packaging, as indicated on the web interface.
5. After delivery of the access data, 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 arrange a remedy. Details are given in Article VIII. of these GTC (complaint procedure).
6. Digital content requires, in order to be fully functional, that you have hardware and software equipment that allows you to open and work with documents in pdf format and play video and audio files (for details, see Article VI of the GTC).
B. DELIVERY AND CANCELLATION CONDITIONS
1. EDUCATIONAL MATERIALS AND INFORMATION: All information and any written materials, materials, scripts, sound recordings and media, recommendations, techniques, personal data and other methods provided to the Buyer are intended only for the purposes of teaching individual Buyers. It is not permitted to communicate and pass on to third parties, modify, distribute and copy them in whole or in part, use them for any commercial purpose or publish them elsewhere without my knowledge and prior written consent. The Buyer, the Seller and the lecturer participating in the courses hereby acknowledge that all information obtained by the participants and the lecturer about each other during the study is considered very confidential and sensitive and will be treated as such.
2. RESPONSIBILITY DURING LESSONS: Throughout the lesson, the buyer is fully responsible for himself, his decisions and his actions towards himself and others. Each participant in the lesson is responsible for any damage caused to himself or others by his actions, and for damage caused by him to the property and equipment of the premises he uses during the lesson.
3. POSSIBILITY TO EXCLUDE THE BUYER FROM PARTICIPATION: Buyers are obliged not to disrupt their course when participating in lessons or live events, and late arrival is also considered as a disturbance. I am entitled to exclude the Buyer from participating in the lesson or live event or part thereof if the Buyer does not respect these GTC and as a result damages the course of the lesson, other participants or lecturer or if it disrupts the course of the lesson by inappropriate behavior (ie in particular by behaving against the rules of decent coexistence). In the event that the Buyer is excluded from the course, the Buyer is not entitled to a refund of the price already paid, not even part of it.
4. CANCELLATION CONDITIONS: In case you cannot or do not want to participate in the given lesson or event, please notify us in advance, or send a message to my e-mail or sms message to the telephone contact specified in Article I. of these GTC. If you do not announce your absence in time, the course or event is considered completed. According to § 1837 par. 1. let. j) It is not possible to withdraw from the Contract for the Provision of Services without stating a reason (this is a contract for the use of free time, when the date of performance is set in advance).
5. CONSENT TO THE TAKING AND USE OF PHOTOS AND VIDEOS. By registering for live events, concerts, online concerts and paying their price, you agree that photos and videos of you and your person as a participant will be taken during them and that they will be used for documentation on the website and in my promotional materials. You are entitled to revoke this consent at any time later by means of an e-mail message sent to my e-mail address or by letter sent to the delivery address specified above in Article I of the GTC. No other personal information will be given for photos and recordings unless we have expressly agreed to it (only in concert programs do we usually state your name and surname, which is a common convention).
VI. WHAT ABOUT THE FUNCTIONALITY OF DIGITAL CONTENT AND ITS INTERACTION WITH HARDWARE AND SOFTWARE?
1. I send digital content 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. To play the content in the online course in the member section, it is necessary to log in to your user account by entering the access data. You can play the content using an Internet browser that supports audio playback. The software must include the usual audio codecs. To play content online, you must be connected to the Internet with a sufficient connection speed. In addition, your hardware must allow audio output. I am not responsible for the unavailability of content in the event of a malfunction or slow speed of your internet connection. Content may be temporarily unavailable for a short time in the event of data maintenance or server outages. The website is subject to update without notice.
2. Products are created using my knowledge and experience and years of practice. These are guidelines and recommendations, and it’s up to you how you use them in practice and what care and effort you put into putting this information into practice. Therefore, I cannot be held responsible for what specific product-based results you achieve yourself. Digital content is protected by copyright and may not be redistributed or used by others without my prior express written consent.
3. USER ACCOUNT. After purchasing the online course, you will receive access data to log in to your user account after payment of the price, as stated in the section on delivery conditions (Article V. of the GTC). You agree to maintain the confidentiality of the access data and not to allow its use by third parties. As a Buyer, you also agree to keep your user account information current and true. In the event of a serious breach of your obligations under the Agreement or these GTC, I am entitled to make the user account inaccessible or cancel you after prior notice. I am also entitled to make your user account inaccessible or cancelable in the event of a breach of your copyright obligations, and in the event of a serious breach of these obligations without prior notice.
VII. WITHDRAWAL FROM THE CONTRACT
1. E-BOOKS AND ON-LINE COURSES: Pursuant to § 1829 par. 1 NOZ, you, as a Consumer, have the right to withdraw from the concluded Purchase Agreement without giving reasons within 14 days from the date of delivery of the e-book or online course. According to § 1837 letter l) this possibility can be excluded for e-books and online courses (digital content). Because I am sure of the benefits and quality of e-books and online courses and at the same time I want you to be able to try the submitted instructions and procedures in practice, I give all Buyers the opportunity to use the guarantee, ie the opportunity to withdraw from the Purchase Agreement without giving reasons ( and request a refund) within 14 days of receiving the e-book or online course (the period is calculated from the day you received the access data to the online course). If you decide to use this option, then within the specified warranty period, withdrawal from the Contract must be sent by e-mail to eva@evasuchankova.cz or sent by post to my address specified in Article I of these GTC. You can also withdraw by filling out the form, which can be found here. If you use the sample form, I will confirm its receipt without undue delay. You do not have to justify the withdrawal. Upon withdrawal from the Purchase Agreement, I am entitled to disable your user account and access to the online course immediately after withdrawing from the Purchase Agreement. The possibility of withdrawal according to this paragraph also applies to online courses for which the purchased gift voucher was redeemed.
2. TEACHING LESSONS (SERVICES): According to § 1837 letter j) NOZ cannot withdraw from the Contract for the Provision of Services without giving reasons (this is a contract for the use of free time, when the date of performance is determined in advance).
3. No later than 14 days after withdrawing from the Purchase Agreement or using the product warranty, I will refund the money I received from you as payment for the online course, masterclass or e-book. I will refund your money in the same way that you paid it (ie by bank transfer), unless you agree to another method of payment that would not incur additional costs for you.
4. In the event that you do not pay the full price at the due date, I am entitled to withdraw from the Agreement, the withdrawal can also be made by e-mail sent to your e-mail specified in the order. In the event that I have previously received a partial payment from you for the purchase price, I will return it to you within a week of withdrawal from the Contract, unless expressly agreed otherwise between us.
5. Both you as the Buyer and I as the Seller are further entitled to withdraw from the Contract in cases stipulated by law or specified in these GTC.
VIII. WARRANTY, RIGHTS FROM DEFECTIVE PERFORMANCE AND COMPLAINT PROCEDURE
1. The rights arising from defective performance are governed by applicable laws and regulations, in particular the provisions of § 1914 to 1925, § 2099 to 2112 and § 2161 to 2174 NOZ.
2. The rights under the warranty are governed in particular by the provisions of Sections 2113 to 2117 of the NOZ.
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 in the products do not occur during the warranty period, which is 24 months from receipt of the product. If you are not a consumer, I am only liable to you for defects in the product upon receipt.
4. In the event of a defect that 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 a replacement of the product with a new one or to withdraw from the Purchase Agreement. In the event of a remediable defect on a product that has not yet been used, you may request the removal of the defect or a reasonable discount on the price or, if this is not disproportionate, a request to replace the product with a new one. In the event that you do not withdraw from the Contract or do not exercise the right to deliver a new product without defects or to repair the product, you may request a reasonable discount. You can request a reasonable discount even if I am unable to deliver a new or functional product without defects after the repair, as well as if I do not seek remediation within a reasonable time or if arranging for remediation would cause you considerable difficulties. Due to the nature of the product as a defect, the unavailability of content (non-functional access data) or the missing part of the content may come into consideration. In the case of tutorials, you can complain about service defects.
5. You are not entitled to the defective performance if you know before taking over the product that the product has a defect or if you cause the defect yourself. The warranty and liability claims for defects do not apply to defects caused by improper use of the product.
6. File a complaint with me without undue delay after finding defects. You can also inform me about the complaint in advance by e-mail. If the product (or access data to it) was not delivered to you within the delivery time, please check the „bulk mail“ or spam folders first. If you do not find the product there either, file a complaint according to this paragraph. 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 undue 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.
IX. COMPLAINT HANDLING, CONSUMER DISPUTE RESOLUTION
1. If you have a complaint about the concluded Contract, its performance or our activities, please contact me at the electronic address eva@evasuchankova.cz.
2. Businesses on the basis of a trade license, the control body is the relevant trade licensing authority, the Czech Trade Inspection Authority supervises compliance with regulations on consumer protection. Compliance with regulations on personal data protection is supervised by the Office for Personal Data Protection. You can also turn to these authorities with your complaints.
3. If there is a consumer dispute between me as the Seller and the 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 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/ .
X. IN CONCLUSION
1. The 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 you can find here.
3. Please note that I am entitled to unilaterally change these GTC, but the text of the terms and conditions effective at the time of sending the order always applies to the buyer.
4. These GTC are effective from 1 April 2021.