By submitting your order, i.e. by clicking on the button in the order form, you confirm that you have been provided with the information required by law prior to entering into the contract, that you have read my terms and conditions and that you fully understand and agree to them. If this is not the case, please do not click the button.
Information for consumers in accordance with § 1811 par. 2 and § 1820 par. 1 of the new Czech Civil Code (NOZ)
Before you decide to purchase a product/service offered by me, I am legally obliged to inform you about myself and the rules governing my dealings with you via the Internet, i.e. dealings by means of distance communication.
Who I am
The seller is Ing. Pavel Pohanka, Ph.D. ID No.: 09243186, with registered office at Vídeňská 11A, 63900 Brno, as a natural person registered in the Trade Register, in the records of the Trade Licensing Office of the City of Brno.
How to contact me
- For on-line communication at the following e-mail address: pavel(at)pavelpohanka.cz
- For handling complaints at the following e-mail address: pavel(at)pavelpohanka.cz
- By phone: (+420) 608 708 532
- For delivery of documents to the address Vídeňská 11A, 63900 Brno, Czech Republic
I. Introductory provisions and explanation of the purpose of the General Terms and Conditions
1.1 These General Terms and Conditions (hereinafter referred to as “GTC”) apply to the purchase of products (online courses, hereinafter also referred to as “digital content”) and services (advice, consultation) via the web interface operated by Ing. Pavel Pohanka, Ph.D. ID No.: 09243186, with registered office at Vídeňská 11A, 63900 Brno, as a natural person registered in the Trade Register, in the records of the Trade Licensing Office of the City of Brno (hereinafter also referred to as “Seller”).
1.2 The purchase of a product or service is based on the Purchase Agreement concluded between the Seller and the Buyer. The process of concluding the Purchase Agreement is described in detail in Article III. GTC. These GTC are a document that forms an integral part of the Purchase Agreement and details and explains the rights and obligations of both parties to the Purchase Agreement, i.e. the Buyer and the Seller. Provisions in the Purchase Contract that differ from the provisions of the GTC shall prevail (i.e. the text of the Purchase Contract shall prevail over the text of the GTC). The GTC also address certain other issues related to the purchase of digital content, services or the use of the website.
1.3 The GTC contain information that you need to have before you purchase a product or service. Please read the GTC carefully and contact me if you have any comments or questions about them before ordering a product or service (i.e. before clicking the button on the sales order form). Please refer to Article II. GTC. Mutual communication is the best way to eliminate any future confusion between us. By clicking on the button in the sales order form, you signal to me that you have seen and read the GTC and agree to the course of business and cooperation that I describe here. You are also signaling that you are serious about your order and that you are as ready as I am to fulfill your obligations under the subsequently concluded Purchase Agreement (i.e. I, as the Seller, primarily deliver the ordered product or service to you and you, as the Buyer, pay the agreed price for it).
1.4 These terms and conditions are set out on the Seller’s website and apply to the sale of the Seller’s products and services on the website (hereinafter also referred to as the “web interface”): pavelpohanka.cz.
1.5 The use of the contents of the website or any part thereof other than for personal use in accordance with these GTC, i.e. in particular their further use by means of distribution, copying, further processing or modification or making further copies, is prohibited without other express agreement with the operator. Interference with the technical or factual character of the website is also prohibited.
II. Important terms (definitions)
1. Seller
- The Seller is Pavel Pohanka, ID No.: 09243186, with registered office at Vídeňská 11A, 63900 Brno, as a natural person registered in the Trade Register, in the records of the Trade Licensing Office of the City of Brno.
- The seller is a VAT payer
- Contact phone: 608708532
- E-mail address: pavel@pavelpohanka.cz
2. Buyer
- The Buyer is the one who concludes a Purchase Contract with me, as the Seller, through the web interface and thus buys a product or service.
The Buyer may be an entrepreneur (a natural person often referred to as a self-employed person or a legal entity, e.g. a limited liability company or a joint stock company) or a consumer.
3. Consumer
- According to the law, a consumer is a natural person who is not acting in the course of his/her business or in the course of his/her independent exercise of his/her profession.
- If you are a natural person and you include your business registration number in your order, I will assume that you are entering into the Purchase Contract as a business and not as a consumer.
4. Products and Services
The designation of the product (goods) or service and a description of its main features are always specified on the selected web interface (pavelpohanka.cz).
5. Consumer contract
- It is a Purchase Contract in which the consumer acts as the Buyer. According to the applicable laws, a consumer is more protected than a Buyer who is not a consumer.
- At the same time, the Seller has more obligations towards the Consumer than towards any other Buyer and is obliged to provide the Consumer with the information provided for by both the Civil Code and the Consumer Protection Act.
- If the Buyer is a person other than a consumer, those provisions of the GTC which are solely for the protection of the consumer shall not apply.
6. Contract concluded at a distance
- It is a Contract of Purchase if it is concluded by means of distance communication, i.e. it is concluded without the Seller and the Buyer having to meet in person, as it is concluded through a web interface (based on an order made directly on the website by filling in the necessary data by the Buyer) or by e-mail, telephone or similar means of communication.
- The costs associated with the use of means of distance communication (in particular the cost of internet connection and telephone calls) are borne by you and do not differ from the normal rate charged by your operator or internet service provider. By placing an order, you expressly agree to the use of distance communication.
7. Applicable law
- These are the applicable legal regulations governing the relationship between the Buyer and the Seller. These include in particular Act No. 89/2012 Coll., the Civil Code (hereinafter referred to as the “CCC”) and, in cases where the Buyer is a consumer, Act No. 634/1992 Coll., on Consumer Protection.
III. Order and conclusion of the purchase contract
3.1 The Buyer orders a product or service through the web interface of the Seller pavelpohanka.cz, i.e. through the ordering system, by sending a completed order form.
3.2 The web interface provides a detailed description of the offered product or service, including what it contains, to whom it is intended, what it can bring to the Client and in what format it is provided. There is also a detailed description of any bonuses that may be provided with the product or service. All presentations given on the web interface are for informational purposes only.
3.3 To order a product or service via the web interface, an order form is used, where you as the Buyer fill in your name, surname or company name, email, in the case of entrepreneurs, the VAT number, and choose the method of payment. Before sending the order, you can check and change the data entered in the order form and, if necessary, correct any errors and discrepancies.
3.4 The contractual relationship between the Seller and the Buyer is established when the order is sent (not after the order has been confirmed). The Buyer sends the order by clicking on the “Complete Purchase” button. From this moment on, the mutual rights and obligations between the Buyer and the Seller, which are defined in the Purchase Agreement and these Terms and Conditions, arise. By placing an order, the Buyer confirms that he has read these Terms and Conditions and that he agrees to them.
3.5 The Purchase Contract is concluded for a definite period of time, until the obligations of the Seller and the Buyer under the Contract have been fulfilled.
3.6 Information on the various technical steps leading to the conclusion of the contract is evident from the ordering process and the Buyer has the opportunity to check and, if necessary, correct the order before actually sending it. The information provided in the order is deemed correct by the Seller.
3.7 The Buyer agrees to the use of means of distance communication in the conclusion of the contract.
3.8 The contract is concluded in the Czech language. The Contract, or the relevant tax document, shall be stored in the Seller’s electronic archive for a period of 5 years from its conclusion for the purpose of its successful execution and shall not be accessible to third, uninterested parties.
3.9 The Seller shall provide or deliver the product/service ordered by the Buyer and the Buyer undertakes to accept the product/service and pay the Seller the purchase price. The Seller is only obliged to deliver the product/service after the Buyer has paid the agreed purchase price in full.
3.10 The Buyer understands that in order to properly use the online educational products, webinars and consultations, it is necessary on his/her part to meet the technical requirements and to have updated software. If other than the required software is used, or if required but not updated software (e.g. internet browser) is used, functionality may be limited.
IV. Price of the product or service and method of payment
4.1 The web interface always shows the current price of the product or service. The price is valid for as long as it is displayed on the web interface. If a promotional price is indicated, it is also indicated under which conditions and for how long the promotional price is valid. Due to the nature of the product or service, there are no shipping or other costs associated with its delivery. The calculated price shown in the order summary (i.e. before you click on the “Complete Purchase” button) is already the final price.
4.2 The Seller shall issue a tax document – an invoice – to the Buyer in respect of payments made under the Contract, which shall serve as proof of purchase of the product, goods or service. The Seller is not subject to value added tax. The purchase price shall be paid in Czech crowns or in Euros.
4.3 The purchase price can be paid in the following ways (payment methods):
- by bank transfer on the basis of the order to my account (payment usually takes 1 – 2 working days): you will receive payment instructions, in the form of an advance invoice, in the mail confirming receipt of the order. Please be sure to include the appropriate variable symbol when making your payment so that the payment can be quickly paired and the product or service delivered as soon as possible.
- online cashless payment by VISA, VISA Electron, MasterCard, Maestro (payment is made immediately): after pressing the order button, you will be prompted to enter your card number, expiry date and CVC code (three numbers which can be found in the signature strip on the back of the card) into the ComGate Payment Gateway interface.
- Fast bank transfer Česká spořitelna, Poštovní spořitelna, Raiffeisen BANK, KB, ČSOB, mBank, Moneta Money Bank, Fio banka, UniCreditBank (payment is made immediately).
Online payments are handled by the ComGate payment gateway. The service provider, ComGate Payments, a.s., is a licensed payment institution operating under the supervision of the Czech National Bank. Payments made through the payment gateway are fully secured and all information is encrypted.
Contact information of ComGate Payments, a.s. for any complaints or questions about payments: ComGate Payments, a.s. Gočárova třída 1754 / 48b, Hradec Králové E-mail: platby-podpora@comgate.cz Tel: +420 228 224 267
4.4 In the case of choosing bank transfer for payment of the order, the purchase price is payable within 7 days after the order is sent. The due date is specified in the payment instructions in the attached Order document. The purchase price is paid when the relevant amount is credited to my bank account. The amount so paid is a deposit of 100% of the purchase price and you will receive an email confirmation of receipt of payment. You will receive an invoice attached to this email, which also serves as a delivery note. Section 2119 (1) of the New Civil Code does not apply.
V. Terms of delivery
5.1 In the case of digital content (online courses and other materials supplied with the courses), delivery means the sending of access data or the making available of the address of the website where the content is located by the Seller to the Buyer’s email address entered by the Buyer in the order form.
5.2 The Seller shall provide the access data for access to the digital content to the Buyer only after payment of the full purchase price, and within three days at the latest, unless otherwise stated. In the case of a so-called pre-sale of digital content, access to the digital content is only granted after the pre-sale has ended, i.e. in the order of one to three months after the pre-sale purchase. The specific delivery date is known at the time of the order and will be indicated on the web interface.
5.3 Due to the nature of the product (digital content), no shipping costs are charged.
5.4 The delivery method of the product is described on the website for the product in question. By sending the access data or the URL of the website where the content is located, the Buyer is granted access to the online group or member section where the Buyer has access to all educational materials (video, audio, electronic documents). If it is efficient with regard to the continuity of the content, the different parts of the digital content may be made available sequentially.
5.5 Upon delivery of the product, the Buyer shall check the functionality and availability of the content as soon as possible and, if any deficiencies or defects are found, contact the Seller so that the Seller can make corrections. Details are set out in Article VIII of these GTC.
5.6 The Seller reserves the right to make changes to the Products (change in curriculum or schedule, change in teaching material, etc.). All changes, if any, will be notified to the Buyer.
5.7 Digital content requires you to have hardware and software to be fully functional. Open the content in a web browser if it has been supplied by posting a link to a website. In order to access the digital content, you must be connected to an Internet network with sufficient connection speed. I am not responsible for the unavailability of the content in the event of a malfunctioning or slow speed of your Internet connection. Content may be temporarily unavailable for short periods of time due to data maintenance or server outages. The website may be updated without prior notice.
5.8 In the case of online consultation (advice), the Seller will offer the Customer a minimum of two appointments for online consultation as soon as possible, usually within 5-20 working days of receipt of payment. The Customer is obliged to accept one of the offered dates. The customer is allowed to agree with the seller a maximum of once to postpone the date, always no later than 48 hours before the agreed date. Failure to establish communication with the customer for reasons on the customer’s side shall be deemed to be fulfilment of the delivery.
5.9 In the case of a personal consultation (consultation) with an indication of the location of the consultation, the Seller shall offer the Customer at least two dates for the consultation as soon as possible, usually within 5-20 working days from receipt of payment. The Customer is obliged to accept one of the offered dates. The customer is allowed to agree with the seller a maximum of once to postpone the appointment, always no later than 48 hours before the agreed appointment. Failure of the customer to appear at the agreed place of consultation shall be deemed to be fulfilment of the delivery.
VI. Security and copyright protection
6.1 The Seller sends the Digital Content only to you, as the Buyer, at your electronic address or by making available the address of the website where the Content is located. The Buyer is obliged to maintain the confidentiality of the information necessary to access the digital content or the URL provided. The Seller shall not be liable for any misuse of the username and password by a third party.
6. 2 The digital content is protected by copyright and may not be redistributed or allowed to be used by others without the express consent of the Seller. The Buyer undertakes not to make the digital content available to other persons in any form (by copying the digital content, providing account access data, etc.), whether for payment or free of charge.
VII. Withdrawal from the contract
7.1 According to § 1829 paragraph 1 of the German Civil Code, you as a Consumer have the right to withdraw from the concluded Purchase Contract without giving reasons within 14 days from the date of delivery of the digital content if the product does not meet your expectations. You do not have to justify your withdrawal.
7.2 For digital content, the Seller provides Consumers with a money-back guarantee, i.e. the possibility to withdraw from the Purchase Contract (and request a refund) without giving reasons within a period longer than that specified in paragraph 7.1. The period of the money back guarantee is calculated from the date on which the access data to the digital content is delivered to you.
7.3 If the Buyer chooses to withdraw from the Contract, whether within the statutory period or the Money Back Guarantee, then within the specified guarantee period the withdrawal must be emailed or posted to the Seller’s contact address set out at the beginning of these GTC. In the information, the Buyer shall indicate that he/she is exercising the right to withdraw from the Purchase Contract within the statutory period or the money-back guarantee and shall attach information to identify his/her purchase of the product (e.g. date of purchase, Buyer’s identification data, product purchased). The Buyer does not have to justify the withdrawal.
7.4 Without undue delay, but no later than 30 days after withdrawal from the Purchase Agreement, the Seller shall refund the Buyer the money received as payment for the Digital Content in the same manner as it was received (the refund shall be made through ComGate Payments, Inc.’s payment gateway).
7.5 Upon withdrawal from the Purchase Agreement, the Seller is entitled to make the Digital Content inaccessible to the Buyer.
7.6 As a Buyer, you may also withdraw from the Purchase Agreement in other cases provided for by law or the Purchase Agreement and the GTC, in particular in the event of defective performance (Article VIII. of the GTC).
7.7 As the Seller, I am entitled to withdraw from the Purchase Agreement in the event of your default in payment of the purchase price if it is more than 10 days overdue and in the event of a material breach of your obligations under the Purchase Agreement, in particular in the event of unauthorized interference with the web interface, copyright infringement and in other cases provided for by law.
7.8 If a bonus or gift is provided to you together with the product, the gift agreement between us is concluded with the resolutive condition that if there is a withdrawal from the contract on your part without giving reasons, the gift agreement shall cease to be effective and you are obliged to return the bonus or gift provided to me within 14 days of the withdrawal from the contract.
VIII. Warranty, rights arising from defective performance, complaints procedure
8.1 The rights and obligations of the contracting parties with regard to the seller’s liability for defects, i.e. rights of defective performance, are governed by the relevant generally binding regulations (in particular the provisions of Sections 1914 to 1925, Sections 2099 to 2117 and Sections 2161 to 2174 of the Civil Code).
8.2 The Seller shall be liable for the fact that the goods are free from defects upon receipt by the Customer. In the event that the goods are not in conformity with the purchase contract upon receipt, the customer shall have the right to have the seller restore the product/goods to the condition corresponding to the purchase contract free of charge and without undue delay.
8.3 The customer shall claim the defective performance from the seller without undue delay, but at the latest within two years of receipt of the goods.
8.4 To make a claim, the Buyer shall contact the Seller by e-mail or post at the contact address of the Seller set out in the introduction to these GTC. The complaint should include a proof of purchase and a description of the defect. You will be informed by email about how the complaint will be handled.
8.5 The Customer may demand free of charge removal of the defect, a reasonable discount from the price and if this is not disproportionate to the nature of the defect (in particular if the defect cannot be removed without undue delay), a demand for delivery of a new item without defects may be made. If repair or replacement is not possible, the customer may demand a full refund of the purchase price upon withdrawal from the contract.
8.6 Complaints shall be settled without undue delay, at the latest within 30 days from the date of the complaint, unless the Seller and the Customer agree on a longer period.
8.7 The Seller shall not be obliged to satisfy the Buyer’s claim if it proves that the Buyer knew about the defect of the goods before acceptance or caused it himself. The Seller shall not be liable for defects resulting from normal wear and tear or failure to follow the instructions for use. Nor shall the Seller be liable for defects that may be caused to the Buyer due to the Buyer’s slow internet connection, an un-updated internet browser or failure to install mandatory software to run digital content that is beyond the Buyer’s control.
IX. Exclusion of Liability
9.1 All products and services provided by the Seller are for educational and informational purposes. The products and services are for educational and informational purposes only and are created using the knowledge and experience of the persons involved. They are guides and recommendations and it is up to the Buyer’s abilities and other circumstances what results the Buyer achieves with their help. The Seller shall not be liable for any failure of the Buyer to apply the procedures, advice and recommendations set out in the Products and provided as part of the Services.
X. Privacy Policy
10.1 The Seller undertakes to protect your personal data, which you fill in the order and provide to the Seller, and to comply with the General Data Protection Regulation – Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 – (hereinafter referred to as “GDPR”) and Act No. 110/2019 Coll. and Act No. 111/2019 of 24 April 2019 on the processing and protection of personal data, according to the Privacy Policy, which is provided on the website.
10.2 The data is secured and protected against misuse. The Seller uses them for the execution of the entire transaction, including the necessary accounting operations, the issuance of tax documents, the identification of the Buyer’s non-cash payments and for communication with the Buyer, i.e. all customer administration, as well as for marketing purposes.
10.3 The Seller, as the data controller, processes the following data (hereinafter referred to as “Personal Data”) of the Buyer in the context of providing performance under the Contract within the meaning of the GDPR:
- address and identification data used to uniquely and unmistakably identify the data subject (e.g. name, surname, title, possibly birth number, date of birth, permanent address, ID number, VAT number) and data enabling contact with the data subject (contact data – e.g. contact address, telephone number, e-mail address and other similar information)
- descriptive data (e.g. bank details)
- other data necessary for the performance of the contract
10. 4 The Seller, as data controller, declares that all personal data is confidential and will not be disclosed to any third party. The exceptions are payment gateway providers, to whom the personal data of the buyers are transferred in the event of an order to the minimum extent necessary to enable payment of the order, and the processors, which are
- the provider of the SimpleShop sales form (Redbit s.r.o. Antonína Dvořáka 612, 280 02 Kolín II ID No.: 24197190, VAT No.: CZ24197190)
- payment gateway provider ComGate Payments, a.s. (ComGate Payments, a.s. Jankovcova 1596/14a, 170 00 Praha 7 – Holešovice, ID No.: 279 24 505, VAT No. CZ27924505)
- for analytical and marketing purposes:
- Facebook Ireland Ltd, 4 Grand canal square, Dublin 2, Ireland, VAT IE9692928F
- Google Analytics using a measurement code: Google Inc., 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA
- for analytical purposes
- Smartlook.com s.r.o. Šumavská 524/31, 602 00 Brno, ID: 09508830
- for sending emails:
- MailerLite: Jono Basanaviciaus G. 15, Vilnius, LT-03108 Lithuania
- EcoMail: ECOMAIL.CZ, s.r.o. Na Mlejnku 764/18 Prague 4, 147 00
ICKO: 02762943, DIC: CZ02762943
- or other providers of processing software, services and applications, which are not currently used by the Seller.
10.5 News and other commercial communications will be sent to your e-mail address by the Seller, this procedure is allowed by § 7 paragraph 3 of Act No.480/2004 Coll., on Information Society Services, unless you refuse it. You can unsubscribe from these communications at any time by any means, for example by sending an e-mail or by clicking on a link in a commercial communication.
10.6 Under the GDPR, as a purchaser you have the right of access (the right to be provided with a list of processed information about your person), the right to rectification (of personal data that you report to me that you do not consent to), the right to erasure (the right to be forgotten unless there is an overriding lawful reason to keep the personal data longer), the right to restriction of processing (e.g. The right to data portability (to receive the data in a structured, commonly used and machine-readable format), the right to object (if your right to erasure cannot be met, you can object to the processing of your personal data for another purpose, such as direct marketing or profiling) and if you have any doubts about compliance with the obligations related to the processing of personal data, you can contact me by email at the Controller’s address or the Data Protection Authority.
10.7 In accordance with the GDPR, I process your data and personal data on the basis of the legitimate interest of the Controller, necessary for the performance of a contract or necessary for compliance with a legal obligation only for the minimum necessary period of time and to the least extent necessary in relation to the purpose of processing imposed by law.
Furthermore, I process your data and personal data on the basis of your voluntary, purposeful, verifiable and informed consent, which you can withdraw at any time. If you withdraw your consent to the purpose of processing, your data will be excluded from processing without delay, unless it is necessary to process it for other legal reasons (e.g. necessary for the performance of a contract or to comply with a legal obligation).
10.8 Exercising the right of access and rectification
Upon request, I will, as far as possible, notify you promptly, in writing and in accordance with your right to data portability, whether and what personal data I have recorded about you. If, despite my efforts to ensure that the data is correct and up-to-date, incorrect information has been recorded, I will correct it on request. If you have any questions about the processing of your personal data or wish to withdraw your consent, please contact me by return to the Controller’s address, where I am available not only for requests for information but also for suggestions or complaints.
10.9 Exercising the right to erasure and restriction of processing
I want to use your data to inform you about my or my partners’ products and services, to get your opinion about them, or to prepare personalised messages for you based on your response on my websites or in emails. Participation in such events is, of course, voluntary.
Should you not agree to them, you have the right to withdraw your consent at any time and you can notify me at any time so that I can block your data accordingly. In the case of email communications, you can unsubscribe at any time simply by using the unsubscribe link provided in the footer of each of my emails.
10.10 Automatically collected personal data
When you visit my website, the web servers and services used by me will record device information, log information, the IP address assigned to you by your Internet service provider, the Internet browser used, the website from which you visit me, the websites you visit with me, as well as the date and duration of your visit in a standard way.
This information is used for the purpose of measuring website traffic and customising the display of the website and is processed on the basis of the legitimate interest of the controller and may be made available to other processors without me having to notify you.
10.11 Automatically collected data about visitor behaviour on the website and cookies
The automatic acquisition and processing of website visitor behaviour data for marketing purposes (advertising targeting) is only possible on the basis of your consent and is activated at your initiative, expressed by actively ticking the “I agree” option following the notice at the bottom of the website. Data about visitor behaviour on the website may be made available to other processors. The website can also be used in a mode that does not allow the collection of data on the behaviour of visitors to the website.
Your behavioural data may be stored as small “cookies” on your device, facilitating navigation and providing a high level of user experience on the website. They may also be used to determine whether you have already visited my site from your device. No personal data is stored in cookies.
You can withdraw your consent to the collection and processing of data for marketing purposes at any time by changing your browser settings. Alternatively, you can also deactivate the use of cookies directly in your internet browser.
10.12 Personal data communicated
Your personal data will only be recorded if you provide it to me of your own free will, for example by registering via the web form, entering a survey, entering prizes or completing an order. At each such point, it is always clearly indicated what data you provide and for what purpose.
10.13 Consent to the processing of personal data
I use a double opt-in approach to obtain demonstrable consent electronically. This means that I will send a message to your e-mail address in which I clearly and comprehensibly state for which purpose you are providing personal data (why), to what extent it will be processed (for what purpose). In the event that you wish to give this consent, you will click on the confirmation link in this message and thereby make your unambiguous expression of will. If you do not give your consent, your data will be excluded from processing.
10.14 For information on data protection, please see the Privacy Policy on the Website.
XI. Handling of complaints, resolution of consumer disputes
11.1 Complaints and comments of the Consumer concerning the contractual relationship concluded between the Seller and the Buyer shall be handled by the Seller; the Consumer may submit complaints at the e-mail address specified in the introduction to these GTC. If the complaint is a complaint in its content, the complaint will be handled as a complaint. Consumers may also address their complaints to supervisory and state supervision authorities, the Czech Trade Inspection Authority or the Office for Personal Data Protection.
11.2 If a consumer dispute arises between 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 the out-of-court settlement pursuant to Section 20e of Act No. 634/1992 Coll., on Consumer Protection. All details on out-of-court resolution are available on the Czech Trade Inspection website www.coi.cz and www.coi.cz/informace-o-adr. The initiation of an out-of-court settlement of a consumer dispute does not affect the right of the parties to the dispute to seek protection of their rights and legitimate interests through the courts.
11.3 All legal disputes arising in connection with the Purchase Contract in which the consumer does not exercise his/her right under paragraph 11.2 shall be settled in civil court proceedings by the ordinary courts of the Czech Republic.
11.4 If the relationship related to the use of the Website or the legal relationship based on the Purchase Agreement contains an international (foreign) element, then the parties agree that the relationship shall be governed by Czech law. This is without prejudice to the consumer’s rights under generally binding legislation.
11.5 The Seller states that it is not bound by any codes of conduct (§ 1826 (1) (e) of the new Czech Civil Code).
XII. Final Provisions
12.1 These Terms and Conditions are displayed on the Seller’s website specified in clause 1.4.
12.2 If any provision of these T&Cs becomes invalid or ineffective, this shall not affect the validity and effectiveness of the other provisions of these T&Cs
12.3 The Seller reserves the right to modify other rights and obligations of the parties beyond these Terms and Conditions for selected products. These rules will always be indicated on the website of the respective product and take precedence over the provisions of the GTC.
12.4 This current version of the Terms and Conditions is valid and effective 01 June 2020. In the event of a change to the Terms and Conditions, the Terms and Conditions in force at the date of purchase shall apply.