Change 48, s.r.o.
Registered office: Nové sady 988/2, 602 00 Brno, Czech Republic, Company ID No.: 07554893,
Incorporated in the Companies Register kept by the District Court (Krajský soud) in Brno, Section C, Insert 108765,
Phone: +420 737 411 587, e-mail: firstname.lastname@example.org
(hereinafter referred to as the “Provider”)
I. INTRODUCTORY PROVISIONS
I.1 These Terms and Conditions govern the mutual rights of the Provider and the customer (the “Customer”), who enters into a contract for the supply of digital content with the Provider (the “Contract”) through a platform located at www.change48.com (the “Platform”).
I.2 The Customer is a consumer or an entrepreneur. A consumer is a person who enters into a Contract or otherwise does business with the Provider, outside the scope of his/her business activities or outside the scope of independent performance of a profession (hereinafter referred to as the “Consumer”). An entrepreneur is a person who, on his/her own account and responsibility, carries out business activities on the basis of a trade license or similar manner, and does so consistently for the purpose of making a profit, or a person who is considered an entrepreneur pursuant to Sections 420 and 421 of Act No. 89/2012 Coll., the Civil Code (hereinafter referred to as the “Civil Code”).
I.3 Product means an online course or webinar (both are digital content) that are presented in the Platform and which can be the object of the Contract between the Provider and the Customer (the “Product”).
I.4 The Terms and Conditions of Use of the Website of the Platform are available here.
II. INFORMATION FOR CONSUMERS
II.1 The Customer agrees to the use of distance communication means to conclude the Contract. The Provider charges no additional fees to the amount charged by the distance communication provider and the Customer bears its cost himself/herself.
II.2 The Provider communicates with the Customer via the e-mail address specified in the order. The Customer communicates with Provider via the e-mail address specified in the header of these Terms and Conditions.
II.3 No codes of conduct within the meaning of Section 1826(1)e) of the Civil Code are binding to the Provider.
III. ORDER AND CONTRACT
III.1 The presentation of the Product through photographs is illustrative; the Customer is obliged to get acquainted with the entire description of the Product.
III.2 The Customer can place an order by filling out an order form without prior registration in the Platform. The Customer fills in information about the ordered Product and the number of ordered pieces. The Customer shall then submit the order form via the web interface of the Platform (hereinafter referred to as the “Order”).
III.3 Before placing the Order, the Customer may check, change and correct the data he/she entered in the Order in the web interface of the Platform.
III.4 After receiving the Customer’s Order, the Provider shall confirm electronically to the Customer’s e-mail address specified in the Order that the Provider has received the Order (hereinafter referred to as the “automatic confirmation of Order receipt”).
III.5 The Contract between the Provider and the Customer is concluded in the moment the Customer submits the Order and the Order in question is received by the Provider.
III.6 The Contract is concluded in the English language.
IV. PRICE AND TERMS OF PAYMENT
IV.1 The Provider provides the Product to the Customer on a pay-what-you-want basis. After the Contract is concluded, the Provider shall provide the Product to the Customer according to the Contract. Afterwards, the Provider shall send the Customer instructions for payment for the Product via e-mail, including the suggested price for the Product. The Customer is entitled to pay the price for the Product in amount which he/she finds appropriate (“Price”); the Customer is not bound by the suggested price. The Customer is not obliged to pay the Price; in that case, the Provider provides the Product to the Customer for free.
IV.2 In the case of payment through a payment gateway or other service of an electronic payment provider, the Customer shall follow the instructions of that electronic payment provider.
IV.3 The Customer can pay the Price for the Product in the following ways:
- By non-cash payment through the payment gateway “Stripe”,
- By non-cash payment using a payment card.
IV.4 The Provider issues a tax document (invoice) to the Customer, which it sends to the Customer’s e-mail address after the payment.
IV.5 After the Price is paid, the Customer does not have any right to reclaim the paid Price back unless stated otherwise in the Civil Code or in the Contract.
V. DELIVERY OF PRODUCT AND TECHNICAL REQUIREMENTS
V.1 The Provider shall provide the Customer with the Product which is ordered, in the agreed quantity and on agreed date electronically, and to allow the Customer to acquire access and license to the Product during the agreed time. The Customer shall accept the Product and may pay to the Provider the Price.
V.2 The Provider shall send the Customer an access to the Product prior to the beginning of an online course or webinar, at latest prior to its start, to his e-mail address specified in the Order.
V.3 By providing the Product to the Customer, the Provider grants the Customer nonexclusive and nontransferable license to use the Product for his or her personal use. The Customer cannot copy, otherwise reproduce or otherwise handle the purchased Product or its parts contrary to copyright law, other legal regulations or this product license. The Customer cannot distribute the Product to the public, communicate the Product to the public, make the Product available thus it could be used by multiple devices, modify or adapt the Product.
V.4 The Provider may deny access to the Product and deactivate the license if the Product has been used contrary to the product license. The Customer in breach of their obligation are liable to damages and may face criminal consequences.
V.5 The Customer acknowledges that for the proper use of the Product the Customer must comply with following technical requirements:
- computer, tablet or telephone with speaker and microphone
- installed Zoom video conferencing program (available here)
- sufficient technical equipment with sufficient internet connection to run Zoom (for group calls) as listed here
- internet browser
- e-mail account
VI. WITHDRAWAL FROM CONTRACT
VI.1 The Consumer has the right to withdraw from the concluded Contract without giving a reason within fourteen days of the date of the conclusion the Contract. The Consumer may not withdraw from the Contract in cases under Section 1837 letter l) of the Civil Code, that is in case that the Customer concluded the Contract fourteen days or less prior to the beginning of the online course or webinar and the digital content was provided with him. By concluding the Contract fourteen days or less prior to the beginning of the online course or webinar, the Customer expressly requests that the digital content shall be provided with him before the end of the time limit for withdrawal from the Contract.
VI.2 Withdrawal from the Contract must be sent to the Provider within the above time limit and the Consumer shall state in it that he/she is withdrawing from the Contract, if possible stating the Order number and date. In order to withdraw from the Contract, the Customer may use the model form provided by the Provider as part of these Terms and Conditions. Withdrawal from the Contract may be sent by the Consumer to the address Nové sady 988/2, 602 00 Brno, Czech Republic or to the e-mail address: email@example.com.
VI.3 If the Consumer withdraws from the Contract, he/she is not entitled to any refund as the Price is not paid in advance.
VI.4 The Provider has the right to withdraw from the Contract if the ordered Product is sold out or unavailable or the Provider’s supplier has interrupted their operations or the price of the supplier of the Product has changed significantly. In such a case, the Provider shall immediately inform the Customer of the situation. The Provider also has the right to withdraw from the Contract in cases where the Customer is entitled to withdraw from the Contract under Section 1829(1) of the Civil Code.
VII. RIGHTS ARISING FROM DEFECTIVE PERFORMANCE
VII.1 The Customer has rights arising from defective performance only if the Price is paid for the Product. Rights arising from defective performance are described in and shall be governed by the Provider’s Complaints Code (Czech version: reklamační řád) and applicable legislation. Proof of purchase of the Product or tax document (invoice) usually serves as a proof of purchase (details are governed by the Complaints Code/Czech version: reklamační řád/)
VIII. PERSONAL DATA PROTECTION
IX. OUT-OF-COURT DISPUTE SETTLEMENT
IX.1 Pursuant to Act No. 634/1992 Coll., on Consumer Protection, the Consumer has the right to an out-of-court settlement of a consumer dispute arising from the Contract with the Provider. In such a case, Consumers may contact the Czech Trade Inspection Authority – Česká obchodní inspekce (address: Ústřední inspektorát – oddělení ADR (Central Inspectorate – ADR Department, Štěpánská 15, 120 00 Prague 2, e-mail: firstname.lastname@example.org, web: adr.coi.cz).
IX.2 Out-of-court settlement of a consumer dispute is initiated exclusively at the request of the Consumer, in the event the dispute with the Provider could not be resolved directly. The application for settlement may be filed no later than 1 year from the date on which the Consumer exercised his/her right which is the object of the dispute with the Provider for the first time. The Consumer has the right to initiate out-of-court dispute settlement online through the ODR platform.
X. FINAL PROVISIONS
X.1 The Customer assumes the risk of a change of circumstances within the meaning of Section 1765(2) of the Civil Code.
X.2 The Contract, including the Terms and Conditions, is archived by the Provider in electronic form and is not accessible for the Customer. The Terms and Conditions are accessible on the web interface of the Platform.
X.3 The Terms and Conditions may be changed or supplemented by the Provider. This shall be without prejudice to the obligations of the Parties arising during the period of validity of the previous version of the Terms and Conditions.
X.4 The Terms and Conditions, as well as the Contract between the Provider and the Customer, shall be governed by the laws of the Czech Republic.
X.5 The Terms and Conditions constitute an integral part of the Contract concluded between the Parties. Deviating provisions in the Contract shall take precedence over the wording of these Terms and Conditions.
X.6 The territorially competent court for disputes arising from the Contract concluded between the Provider and the Customer-entrepreneur is, in accordance with Regulation No. 1215/2012 of the European Parliament of the Council (EU) on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters and in accordance with Section 89a of Act No. 99/1963 Coll., the Civil Procedure Code, the court in the Czech Republic and specifically court competent according to the registered office of the Provider.
X.7 The Terms and Conditions become effective as of 5th of February 2022.