TERMS AND CONDITIONS

General Terms and Conditions – ARKAYA Education, s.r.o.

1. GENERAL PROVISIONS

1.1 These Terms and Conditions apply for sales of products and services of the seller, which is the company

ARKAYA Education s.r.o.
Identification no.: 070 31 041
with its registered office at: Nitranská 1459/11, Vinohrady, 130 00 Prague 3
registered on 11 April 2018
Reference no.:  C 293362 administered by the Municipal Court in Prague

 

1.2. The Terms and Conditions are narrowly defined and specify the rights and obligations of the seller and the buyer (hereinafter referred to as the “customer”).

1.3. The provisions of the Terms and Conditions are an inseparable part of the purchase contract.

1.4. If the contracting party is a consumer (an entity other than a business that executes an order in connection with its business activities), relationships not governed by the Terms and Conditions shall be governed by the Civil Code (Act No. 89/2012 Coll.) and the Consumer Protection Act (Act No. 634/1992 Coll.).

1.5. These Terms and Conditions are set forth on the seller’s website and apply for sales of the seller’s products and services on the website at www.denisapaleckova.com.

2. ORDER AND CONCLUSION OF A PURCHASE CONTRACT

2.1.  The designation of the product, a description of its main features and its price, including information on whether the price is with or without VAT, are set forth on the selected website of the seller. If the price is stated without VAT, the price with the relevant VAT rate is subsequently stated. The price is also always stated on the order form. The sale offer remains valid for the period in which it is displayed on the web interface.

2.2. The sales form always contains information about the customer, the ordered product, goods or service, the price including a statement of taxes and fees, the method of payment of the purchase price, information on the required delivery method and information on costs associated with the delivery of the product or provided service. Delivery costs are not charged in the case of online courses.

2.3. The contractual relationship between the seller and the customer arises upon the sending of an order (not upon confirmation of the order). The customer submits the order by clicking the “Send” button. From that moment, mutual rights and obligations arise between the customer and the seller that are defined by the purchase contract and these Terms and Conditions. By submitting an order, the customer confirms that he/he has read and agrees with these Terms and Conditions. A condition of a valid electronic order is the completion of all required information and requisites set forth in the sales form. The seller excludes acceptance of an offer with an addition or deviation.

2.4. Information on the individual technical steps leading to the conclusion of the contract is apparent from the ordering process and the customer has the possibility to check and possibly correct it before the actual sending of the order. The seller shall consider the data set forth in the order to be correct.

2.5. The customer consents to the use of remote means of communication when concluding the contract.

2.6. The contract is concluded in the Czech language. The contract or, as the case may be, the relevant tax document will be stored in the seller’s electronic archive for a period of five years from its conclusion for the purpose of its successful fulfilment and shall not be accessible to uninvolved third parties.

2.7. The seller is obligated to provide or deliver the goods/service that the customer ordered and the customer undertakes to take delivery of the goods/service and pay the purchase price to the seller. The seller is relieved of the obligation to deliver goods/services in the event that stocks are sold out; the customer will be informed of such fact.

2.8. The right of ownership to the product/goods is transferred to the customer upon payment of the purchase price and acceptance of the product/goods.

3. PRICE, PAYMENT METHOD

3.1. The price of products, goods and services, including information on whether the price includes or does not include VAT, is set forth on the seller’s selected web interface. In the case of stating prices excl. VAT, the price with the relevant VAT rate is also subsequently stated. The price is always stated also on the sales form.

3.2. With respect to payments rendered on the basis of a contract, the seller shall issue to the customer a tax document (invoice), which serves as a document on the purchase of the product, goods or service. The seller is a VAT payer.

PAYMENT METHOD

3.3. The price of the product/goods and possible costs associated with delivery of goods shall be paid by the customer using a cashless payment method to the account selected in the sales form.

3.5. For cashless payments, payment methods are connected to the payment gateway of the company GOPAY s.r.o., which provides secure technology for accepting payment cards and online bank transfers. Credit-card numbers and electronic-banking passwords are entered by means of the secure and trustworthy channel of GOPAY s.r.o.

You can use the following payment options:

  1.  online with a VISA, VISA elektron, MasterCard or Maestro payment card
  2.  express bank transfer: Raiffeisen BANK, GE Money, Fio, KB, ČSOB, mBank and others
  3.  bank transfer on the basis of an invoice

3.6. Payment is non-recurring

3.7. The customer is obligated to pay the price together with a statement of the correct variable symbol of the payment; otherwise, the seller will not be able to identify the payment and provide the required performance in a timely manner.

3.8. The purchase price is valid for 14 days from the date of conclusion of the contract (from the date of issue of the invoice); unless stated otherwise, the customer’s obligation to pay the price of the product/goods or service is fulfilled at the moment of crediting the relevant amount to the seller’s account.

4. DELIVERY CONDITIONS

4.1. In the case of online educational products, delivery is understood to be the sending of the access data by the seller to the customer’s e-mail address provided in the sales form or, as the case maybe, sending of a URL link.

4.2. The seller shall provide the access data to the customer upon payment of the full purchase price, within three days at the latest, unless stated otherwise.

5. SECURITY AND PROTECTION OF COPYRIGHTS

5.1. The access data for online products or the relevant URL are intended for solely for the customer’s personal use. Access to the user account is secured by a username and password. The customer is obligated to maintain confidentiality with respect to the information required to access his/her user account and the online product or provided URL. The seller bears no responsibility for misuse of the username and password by a third party.

5.2. The products that the seller sells via the web interface (online educational programmes), including their content, are subject to legal protection under copyright. Any dissemination or provision of such products to third parties without the consent of the originator is prohibited. Authorisation to exercise the right to use the copyrighted work may only be granted to the customer on the basis of a license agreement. The customer is liable to the seller for any damage caused due to copyright infringement.

6. WITHDRAWAL FROM A CONTRACT

6.1. Withdrawal from a contract on the part of the consumer

If the buyer is a consumer, he/she has the right, pursuant to Section 1829 (1) of the Civil Code, to withdraw from the contract within fourteen days of acceptance/delivery of the product/goods without stating a reason or incurring a penalty. This right does not serve as a means of resolving returns of goods.

We hereby give notice that, pursuant to Section 1837 of the Civil Code, it is not possible to withdraw from the purchase contract on delivery of an audio or video recording or a computer program if their original packaging has been damaged. The right to withdraw from a contract shall not apply in the case of contracts on delivery of digital content unless such content is delivered on a tangible medium or in the case of contracts on the provision of services.

6.3. Withdrawal from a contract on the part of the seller

The seller is authorised to withdraw from a purchase contracts without undue delay if it determines that the other party is in breach of the contract in a significant manner. For the purposes of the given contract, the following are considered to be significant breaches of contract:

  • delay in payment of the purchase price or delay in partial payments (instalments) of more than ten days after the payment-due date.
  • breach of the obligation to protect the seller’s copyright (Article 5 of the Terms and Conditions) on the part of the customer.

7. RIGHTS AND OBLIGATIONS ARISING FROM FAULTY PERFORMANCE, COMPLAINTS

7.1. The contracting parties’ rights and obligations with respect to the seller’s liability for defects, i.e. rights arising from faulty performance, are governed by the relevant generally binding regulations (particularly the provisions of Sections 1914 to 1925, Sections 2099 to 2117 and Sections 2161 to 2174 of the Civil Code).

7.2. The seller is liable to the customer for ensuring that the goods do not have defects upon acceptance. In the event that, upon acceptance, an item is not in accordance with the purchase contract, the customer has the right to demand that the seller return the product/goods to the state corresponding to the purchase contract free of charge and without undue delay.

7.3. The customer shall file a claim of faulty performance with the seller without undue delay, though no later than within two years of acceptance of the goods.

7.4. In the event of a complaint/return, please contact us by e-mail at info@denisapaleckova.com. Returns should include the attached purchase receipt and a description of the defect. You will be informed by e-mail about the manner of handling the return.

7.5. The customer may request free removal of the defect, a proportionate discount off of the price or, if it is not disproportionate to the nature of the defect (especially if the defect cannot be removed without undue delay), for delivery of a new item without defects. If repair or replacement is not possible, the customer may request a full refund of the purchase price on the basis of withdrawal from the contract.

7.6. Returns/complaints shall be resolved without undue delay, no later than 30 days from the date of applying such claim, unless the seller and the customer agree on a longer period.

7.7. The seller is not obligated to comply with the customer’s demand if it is proven that the customer knew about the defect prior to accepting the goods or caused the defect. The seller is not responsible for defects arising from normal wear and tear or failure to follow the usage instructions. Furthermore, the seller is not liable for defects that may arise with respect to the customer due to the buyer’s slow internet connection, outdated web browser or non-installed mandatory software that is required to launch a webinar or an online product, over which the seller has no influence. Online educational courses contain only instructions and recommendations; the seller is not responsible for the customer’s success or failure in applying such instructions and recommendations in practice.

8. REFUND GUARANTEE

8.2. In in the event of dissatisfaction, please send the notice of withdrawal from the contract in electronic form to info@denisapaleckova.com with a statement that you are withdrawing from the contract and with an attached copy of the invoice/tax document and the date of purchase.

8.3. We will refund the money to you in the same manner in which it was received, within 30 days from the delivery of the e-mail with the notice of withdrawal from the contract and confirmation of receipt of the corrective tax document sent to our e-mail address. Upon receipt of the request, your access to the product will be automatically deactivated.

9. EXCLUSION OF LIABILITY

By entering an online course, you understand that you are solely responsible for any use of the information from such course and the successes or failures arising therefrom and neither ARKAYA Education s.r.o. nor the originator of the course, Denisa Říha Palečková, shall bear any responsibility for such use, successes or failures.

ARKAYA Education s.r.o. and Denisa Říha Palečková hereby disavow any responsibility for the accuracy of information.

All information in the online course is based only on the originator’s own experience. Such experience is subjective and its interpretation may be incomplete or inaccurate. Therefore, neither ARKAYA Education, s.r.o. nor the originator is responsible for decisions or actions based on such recommendations.

Neither ARKAYA Education s.r.o. nor Denisa Říha Palečková shall bear any responsibility for any damage or harm resulting from the use of the information in the course. [SEE NOTE BELOW]

Throughout the period of duration of the online course, you are fully competent and fully responsible for your actions, conduct and decision-making. Your success depends not only on the knowledge gained in the course, but also on factors that we cannot influence, such as your skills, possibilities, knowledge, abilities, health condition, etc.

Neither ARKAYA Education s.r.o. nor the originator shall bear any responsibility for any damage or harm resulting from the use of the information in the online course. [TR NOTE: WE HAVE THIS EXACT SAME TEXT ABOVE]

10. PROTECTION OF PERSONAL DATA

10.1. The seller fully respects the confidential nature of your data that you entered in the order and provided to ARKAYA Education s.r.o. Your data are secured and protected against misuse. We use your data to operate our entire business, including necessary accounting operations, issuance of tax documents, identification of your cashless payments and communication with you, i.e. for all customer administration and for marketing purposes. These data are stored in a database with strict security against misuse and are not provided to third parties.

10.2. Upon request, ARKAYA Education s.r.o. will, if possible, inform you immediately and in writing of whether and what kind of your personal data we have retained. If, despite our effort to ensure the correctness and currency of your data, we have recorded incorrect information, we will correct it upon request. If you have any questions concerning the processing of your personal data, you can contact us at Info@denisapaleckova.com, where we are available to you not only in the case of requests for information, but also in the case of suggestions or complaints.

10.3. Acquisition and processing of personal data

When you visit our website, our web servers record, in the standard manner, the IP address that was assigned to you by your internet service provider, the website from which you visit us, the webpages that you visit on our website, and the date and duration of your visit. Your personal data will be recorded only if you willingly provide such data to us in connection with registration or execution of a contract. The transfer of personal data to state institutions and authorities is carried out only in connection with binding legal regulations.

10.4. Possibility of unsubscribing

We want to use your data for the purpose of informing you about our products and services, as well as to get your opinion on them. Of course, your participation in such actions is voluntary. If you do not agree with them, you can notify us at any time so that we can block the data accordingly. In the case of e-mail communication, you can unsubscribe at any time using the unsubscribe link provided in the footer of every e-mail.

10.5. Consent to the processing of personal data

By filling out the sales form, the customer consents to the inclusion of the personal data entered in such form in the database of 

ARKAYA Education s.r.o.
Identification no.: 070 31 041
with its registered office at: Nitranská 1459/11, Vinohrady, 130 00 Prague 3
registered on 11 April 2018
Reference no.:  C 293362 administered by the Municipal Court in Prague

as the administrator, and to the subsequent processing of such data for marketing purposes and commercial communication by electronic means pursuant to Act No. 480/2004 Coll. for such period until consent is withdrawn.

At the same time, the customer grants consent to the seller to send him/her information on prepared events and offers of its business partners.

10.6. Cookies

ARKAYA Education s.r.o. uses cookies so that it can recognise visitors’ preferences, according to which it can optimise the design of its website. Cookies are small files that are stored on your hard drive, thus enabling easier navigation and a high level of user comfort of the website. Cookies can be used to determine whether you have previously visited our website from your computer. Only the cookie on your computer is identified.

You can deactivate the use of cookies in your web browser.

12. FINAL PROVISIONS

12. 1.  Information on the existence, method and conditions of out-of-court resolution of consumers’ complaints, including information on whether a complaint can be filed with a supervisory body or the state supervisory authority

Out-of-court resolution of disputes, particularly by means of mediation or arbitration (arbitration proceedings); resolution of disputes in this manner is based on the voluntary participation of both parties and the objectivity and impartiality of the proceedings.
The supervisory and inspection body of the state administration is the Czech Trade Inspection Authority, which inspects and supervises legal entities and natural persons engaged in selling or delivering products and goods to the internal market, providing services or conducting other similar activities on the internal market, providing consumer credit or operating a marketplace, unless such supervision is carried out by a different administrative authority pursuant to special legal regulations (for more information, see Act No. 64/1986 Coll., on the Czech Trade Inspection Authority).
If a consumer dispute arises between us as the seller and the customer/consumer, the consumer has the right to out-of-court resolution of such dispute. Pursuant to Act No. 634/1992 Coll., on Consumer Protection, the Czech Trade Inspection Authority is the entity responsible for out-of-court settlement. Complete details of out-of-court resolution are provided on the website of the Czech Trade Inspection Authority at www.coi.cz. The consumer can also use the online dispute resolution platform established by the European Commission at http://ec.europa.eu/consumers/odr/.

12. 2 Force and effect

These Terms and Conditions come into force and effect on 27 August 2015. Information is communicated via the website at www.denisapaleckova.com and, as the case may be, via other information channels, ordinarily by e-mail. The seller reserves the right to amend these Terms and Conditions. Each new version of the Terms and Conditions is available at www.denisapaleckova.com and is marked with the effective date. All orders are always subject to the provisions of the current version of the Terms and Conditions.