TERMS AND CONDITIONS
Steven Kenneth McIntosh
headquarters: Nový Malín 52, 788 03
identification number: 73119091
for the sale of goods and services through an online store located at www.mcintoenglish.com
1.1. These Business Terms and Conditions (hereinafter referred to as the “Business Terms”) of natural persons Steven Kenneth McIntosh, with its registered office at Nový Malín 52, 788 03, identification number: 73119091 (hereinafter referred to as the “Seller”) are regulated in accordance with Section 1751, 89/2012 Coll., The Civil Code, as amended (hereinafter the “Civil Code”) the mutual rights and obligations of the parties arising out of or in connection with the purchase contract (hereinafter referred to as the “Purchase Contract”) concluded between the seller and the buyer through seller’s internet store. The online shop is operated by the seller on a web site located at www.mcintoenglish.com (the “Website”) through the web interface (hereinafter referred to as the “web interface of the store”).
1.2. Provisions derogating from the terms and conditions may be negotiated in the sales contract. Distinctive arrangements in the sales contract take precedence over the provisions of the terms and conditions. In matters not governed by the Purchase Agreement and these Business Terms, this relationship is governed by the Civil Code and the consumer protection legislation.
1.3. Business terms and conditions are an integral part of the sales contract. The Purchase Agreement and the Business Terms and Conditions are prepared in Czech or English. The purchase contract can be concluded in Czech or English.
1.4. The seller may change or add the wording of the business terms. This provision is without prejudice to the rights and obligations arising during the period of validity of the previous version of the terms and conditions.
1.5. Based on buyer registration made on a website, buyers can access their user interface. From its user interface, the buyer can perform the ordering of goods (hereinafter referred to as the “user account”). The buyer can also order goods without registration directly from the web interface of the store.
1.6. When registering on a web page and ordering goods, the buyer is obligated to indicate correctly and truthfully all data. The details given in the user account are obligatory for the buyer to update upon any change. Data provided by buyers in the user account and when ordering the goods are considered by the seller to be correct.
1.7. Access to the user account is secured by user name and password. Buyer is required to maintain confidentiality regarding the information necessary to access his / her user account.
1.8. The buyer is not authorized to allow the use of the user account to third parties.
1.9. The seller may cancel the user account, especially if the buyer does not use his user account for more than 18 months, or if the buyer violates his obligations under the sales contract (including business terms).
1.10. The Buyer notes that the user account may not be available continuously, especially with regard to the necessary maintenance of the hardware and software of the Seller, maintenance of hardware and software of third parties.
CLOSING OF THE BUYER CONTRACT
1.11. The subject of the purchase is a product of intellectual property, and therefore its distribution or provision to third parties is prohibited without the consent of the author. By concluding the purchase agreement the buyer accepts that any use of the information from the subject of the purchase and the successes or failures resulting from it are only in the hands of the buyer and the author does not bear any responsibility for them. In the subject of purchase, buyers can find information about third-party products or services. This information is only a recommendation and an opinion on the subject.
1.12. All presentations of goods and services located in the web interface of the store are of an informative character and the seller is not obliged to conclude a purchase contract for these goods. Section 1732 (2) of the Civil Code does not apply.
1.13. The web interface of the store includes information on goods and services, including the indication of the prices of individual goods and services and the cost of goods being returned if these goods can not by their nature be returned by normal mail. Goods prices are quoted including value added tax and all related fees. Product prices remain valid for as long as they are displayed in the web interface of the store. This provision does not limit the seller’s ability to conclude a purchase contract for individually negotiated terms.
1.14. The store’s web interface also includes information on the cost of packaging and delivering goods. Information on the costs associated with the packaging and delivery of the goods listed in the web interface of the trade is valid only in cases when the goods are delivered within the territory of the Czech Republic.
1.15. The buyer declares that he has acquainted himself with all the information regarding the order, at www.mcintoenglish.com. The buyer orders the subject of the purchase by filling in an electronic order form through a website where the product can be ordered. The order form contains, in particular, information about:
1.15.1. ordered goods / service,
1.15.2. the method of payment of the purchase price of the goods / services, details of the required way of delivery of the ordered goods and
1.15.3. information on the costs associated with the delivery of goods / services (collectively referred to as “the order”).
1.16. Buyer is required to review and, if necessary, repair the order before sending it. The order sent by the buyer and confirmed by the seller is legally binding and the buyer and the seller create mutual rights and obligations, ie the seller commits to provide the buyer with the object of the purchase and the buyer undertakes to pay the purchase price. The Purchaser, by posting the order, confirms that he has become familiar with the terms and conditions of purchase on the www.mcintoenglish.com/obchodni_podminky website and agrees with them. The order is sent by the buyer to the seller by clicking on the “confirm” button in the Czech version and the “submit” in the English version. The data listed in the order they are deemed correct by the seller. On receipt of the order, the Seller will acknowledge receipt of the receipt to the buyer by e-mail, to the buyer’s email address listed in the user account or in the order (hereinafter referred to as the “buyer’s electronic address”).
1.17. The seller is always entitled to ask the buyer for additional confirmation of the order (for example, in writing or by phone), depending on the nature of the order (quantity of goods, purchase price, estimated transport costs).
1.18. The contractual relationship between the seller and the buyer arises from the delivery of the order (acceptance), which is sent to the buyer by e-mail to the buyer’s e-mail address.
1.19. The buyer agrees to use remote means of communication when concluding the purchase contract. Costs incurred by the buyer when using remote means of communication in connection with the conclusion of a purchase contract (costs of Internet connection, telephone call costs) are borne by the buyer himself, which does not differ from the basic rate.
PRODUCT PRICE AND PAYMENT CONDITIONS
1.20. The buyer may pay the buyer the following goods in the following manner: a) the price of the goods and any costs associated with the delivery of the goods under the purchase contract;
0 cashless transfer to seller’s account No. 2100562106/2010, filed with Fio banka a.s. (hereinafter referred to as the “Seller Account”);
0 cashless via the GoPay payment system;
0 credit card payments VISA, VISA Electron, MasterCard, MasterCard Electronic, Maestro.
The payment methods are linked to the GoPay payment gateway, which provides secure payment card acceptance and online bank transfer technology. You enter credit card, credit card and electronic banking passwords using a secure and trusted GoPay channel.
1.21. Together with the purchase price, the buyer is also required to pay the seller the costs associated with the packaging and delivery of the goods at the agreed rate. Unless otherwise specified, the purchase price and the costs associated with the delivery of the goods are further understood.
1.22. The seller does not ask the buyer for a deposit or other similar payment. This is without prejudice to the provisions of Article 4.6 of the Terms of Business regarding the obligation to pay the purchase price of the goods in advance.
1.23. In the case of a non-cash payment, the purchase price is payable within five days of the purchase contract being concluded.
1.24. In the case of non-cash payment, the buyer is required to pay the purchase price of the goods together with the variable payment symbol. In the case of non-cash payment, the purchaser’s obligation to pay the purchase price is fulfilled when the relevant amount is credited to the seller’s account.
1.25. The Seller is entitled, in particular, in the event that the buyer does not receive an additional confirmation of the order (Article 3.6), request the payment of the full purchase price before the goods are dispatched to the buyer. Paragraph 2119 (1) of the Civil Code does not apply.
1.26. Any discounts on the price of goods provided by the seller to the buyer can not be combined.
1.27. If it is customary in the course of trade or if it is stipulated by generally binding legal regulations, the seller shall issue a tax document – invoice to the purchaser in respect of payments made under the purchase contract. The seller is not a taxpayer of value added tax. Tax document – The invoice is issued by the seller to the purchaser after paying the price of the goods and sends it in electronic form to the e-mail address of the buyer.
1.28. Under the Sales Records Act, the seller is required to issue a receipt to the buyer. At the same time, he is required to register the received revenue with the tax administrator online; in the event of a technical failure, within 48 hours at the latest.
1.29. Subscription plans
1.29. Repeated payments
4.10.1 Repeated 30-day fixed payment
In the case that the MCINTOENGLISH CLUB is purchased with a regular 30-day membership fee, the provider uses the reccuring payments to pay the membership fee. By completing the sales form, the buyer undertakes to pay a regular fixed membership fee, clearly and clearly stated when ordering membership, for the duration of membership. By completing the sales form, the buyer agrees that this member fee (in a clearly stated amount) is automatically withdrawn every 30 days (starting with the date of the order) from the buyer’s payment card through which the first payment has been made, for the duration of membership in the club .
4.10.2 If the MCINTOENGLISH CLUB is purchased with a regular annual (12-month) membership fee, the provider uses the reccuring payments to pay the membership fee. By completing the sales form, the buyer undertakes to pay a regular fixed membership fee, clearly and clearly stated when ordering membership, for the duration of membership. By completing the sales form, the buyer agrees that this member fee (in a clearly stated amount) is automatically withdrawn every 12 months (starting with the date of the order) from the buyer’s payment card through which the first payment was made, for the duration of membership in the club .
4.10.3 Automatic Payment Notification
If the order is subject to a recurring payment, the buyer is always clearly informed on the sales page of the product about the fixed amount of the regular fee and the way the club membership can be terminated to stop the repeated payment delays.
4.10.4 Termination of program membership and cancellation of automatic payment
You can terminate your membership at MCINTOENGLISH CLUB at any time by contacting customer support at email@example.com. Buyers within 24h receive an email confirmation of membership termination and cancellation of automatic payment. Upon completion of the subscription, the buyer is also denied access to the member section “MCINTOENGLISH CLUB”.
WITHDRAWAL FROM THE AGREEMENT
1.30. In the event that the purchase contract can not be withdrawn, the buyer shall withdraw the right to withdraw from the purchase contract in accordance with Section 1829 (1) of the Civil Code within 14 (fourteen) days of receipt of the goods. The withdrawal from the sales contract must be sent to the seller within the time limit specified in the previous sentence. In order to withdraw from the purchase contract, the buyer may use the model form provided by the seller, which forms an annex to the business terms and conditions. Withdrawal from the sales contract may be made by the buyer, inter alia, to the address of the seller’s office or to the seller’s e-mail address firstname.lastname@example.org.
1.31. In the case of withdrawal from the purchase contract according to Art. 5.2 of the Business Terms, the purchase contract is canceled from the beginning. Goods must be returned to the seller by the seller within 14 (14) days of receipt of the withdrawal from the sales contract to the seller. If the buyer withdraws from the purchase contract, the buyer bears the costs associated with the return of the goods to the seller, even if the goods can not be returned by their normal postal route.
1.32. In the event of withdrawal from the Purchase Agreement in accordance with Clause 5.2 of the Business Terms and Conditions, the Seller shall return the funds received from the Purchaser within 14 (fourteen) days of withdrawal from the Purchase Contract in the same manner as the Seller has accepted from the Purchaser. The seller is also entitled to return the performance provided by the buyer upon returning the goods to the buyer or otherwise, provided that the purchaser agrees to do so without incurring additional costs to the buyer. If the buyer withdraws from the purchase contract, the seller is not obliged to return the received funds to the buyer before the buyer returns the goods or shows that the goods have been dispatched to the seller.
1.33. The Seller is entitled to indemnify unilaterally the Buyer’s claim for a refund of the purchase price.
1.34. In cases where the buyer has the right to withdraw from the purchase contract in accordance with the provisions of Section 1829 (1) of the Civil Code, the seller is also entitled to withdraw from the purchase contract at any time until the buyer takes over the goods. In such a case, the seller shall return the purchase price to the buyer without undue delay, by credit card to the buyer’s account.
1.35. If a gift is provided to the buyer together with the goods, the gift agreement between the seller and the buyer is concluded with the condition that if the buyer withdraws from the purchase contract, the gift agreement is lost and the buyer is obliged to return the goods together with the seller provided gift.
TRANSPORT AND SUPPLY OF GOODS
1.36. If the mode of transport is agreed upon by a buyer’s special request, the buyer bears the risk and any additional costs associated with this mode of transport.
1.37. If the seller is obliged to deliver the goods in the place specified by the buyer in the order, according to the purchase contract, the buyer is obliged to take over the goods upon delivery.
1.38. If, for reasons of buyer’s need, it is necessary to deliver the goods repeatedly or in a manner other than that stated in the order, the buyer is obliged to pay the costs associated with the repeated delivery of the goods, respectively. costs associated with another delivery method.
1.39. Upon receipt of the goods from the transporter, the buyer is obliged to check the integrity of the packaging of the goods and, in the event of any defects, to notify the carrier without undue delay. In the event of a violation of the packaging indicating unauthorized entry into the consignment, Buyer is not required to take delivery of the consignment from the carrier.
1.40. Other parties’ rights and obligations in the carriage of goods may alter the seller’s special delivery terms when the seller is issued.
RIGHTS OF FAULT FULFILLMENT
1.41. The rights and obligations of the parties regarding defective performance are governed by applicable generally binding legal regulations (in particular the provisions of Sections 1914 to 1925, Sections 2099 to 2117 and Sections 2161 to 2174 of the Civil Code and Consumer Protection Act 634/1992 Coll. as amended).
1.42. The seller is responsible to the buyer for the goods to be free from defects.
1.43. The provisions of Article 7.2 of the Business Terms and Conditions do not apply to goods sold at a lower price for a defect for which a lower price has been agreed for the wear and tear of the goods due to its normal use, buyer, or if it results from the nature of the goods.
1.44. If there is a defect within six months of the takeover, the goods are deemed to have been defective already at takeover. The buyer is entitled to claim the right to a defect that occurs on consumer goods within twenty-four months of the takeover.
1.45. Rights to defective performance are claimed by the buyer at the seller’s address: Nový Malín 52, 788 03.
1.46. Other rights and obligations of the parties related to the Seller’s liability for defects are governed by the Seller’s Complaints Procedure.
1.47. Complaints may be directed against the scope and quality of the service provided and against the defect of the goods supplied. Complaints are available electronically at email@example.com, or in writing at the address of the seller.
1.48. The buyer is required to claim a defect without undue delay after its creation or discovery. We will notify the buyer of the way the complaint is settled without undue delay upon receipt of the complaint. In the event that we disapprove the claim, we will prepare a written statement with the reasoning that we will send to the buyer. If the claim is found to be unjustified, the buyer is liable to pay the costs incurred in connection with the review of the claim.
1.49. The filing of the complaint has no suspensive effect and the buyer is obliged to pay the prices for the services provided at the latest by the due date. For the buyer who is a consumer, the applicable claims set out in the Civil Code and other generally binding legal regulations apply, in lieu of the above-mentioned claims, if it is more favorable to him.
OTHER RIGHTS AND OBLIGATIONS OF THE CONTRACTING PARTIES
1.50. The buyer acquires ownership of the goods by paying the full purchase price of the goods.
1.51. The seller is not bound by any codes of conduct in relation to the buyer in the sense of § 1826 (1) e) the Civil Code.
1.52. Consumer complaints are handled by the seller via e-mail address firstname.lastname@example.org. Buyer information will be sent to the buyer’s electronic address.
1.53. The Czech Commercial Inspection, with the registered office at Štěpánská 567/15, 120 00 Praha 2, ID: 000 20 869, Internet address: https://adr.coi.cz/cs, is responsible for out-of-court settlement of consumer disputes. The online dispute resolution platform at http://ec.europa.eu/consumers/odr can be used to resolve disputes between the seller and the buyer from the sales contract.
1.54. European Consumer Center Czech Republic, with its registered office at Štěpánská 567/15, 120 00 Praha 2, Internet address: http://www.evropskyspotrebitel.cz is a contact point according to Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 (EC) No 2006/2004 and Directive 2009/22 / EC (Consumer Dispute Resolution on – line).
1.55. The seller is authorized to sell the goods on the basis of a trade license. The trade license is carried out within the scope of its competence by the relevant Trade Licensing Office. Supervision of the area of personal data protection is carried out by the Office for Personal Data Protection. The Czech Trade Inspection exercises, among other things, the supervision of the observance of Act No. 634/1992 Coll., On Consumer Protection, as amended.
1.56. The buyer hereby takes on the risk of changing circumstances in accordance with Section 1765 (2) of the Civil Code.
PROTECTION OF PERSONAL DATA
1.57. Article 13 of Regulation (EC) No 2016/679 of the European Parliament and of the Council on the protection of individuals with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46 / EC (General Regulation on the protection of personal data) ( hereinafter referred to as the “GDPR Regulation”) related to the processing of the buyer’s personal data for the purpose of fulfilling the purchase contract, for the purposes of negotiations on the purchase contract and for the fulfillment of the public obligations of the seller, is fulfilled by the seller through a special document.
SENDING BUSINESS COMMUNICATIONS AND STORAGE COOKIES
1.58. The Buyer agrees, within the meaning of Section 7 (2) of Act No. 480/2004 Coll., On Certain Information Society Services and on Amendments to Certain Acts (the Act on Certain Information Society Services), as amended, by sending commercial communications to Seller at an electronic address or the buyer’s phone number. The information obligation towards the buyer, within the meaning of Article 13 of the GDPR, related to the processing of buyer’s personal data for the purpose of sending commercial communications, is fulfilled by the seller through a special document.
1.59. Buyer agrees to store so-called cookies on his computer. If the purchase on the website is possible and the seller’s obligations under the purchase contract are fulfilled without the so-called cookies being stored on the purchaser’s computer, the buyer may withdraw the consent under the previous sentence at any time.
1.60. The buyer may be delivered to the buyer’s electronic address.
RESPONSIBILITY ABOUT THE CONTENT OF THE WEB
1.61. Websites can be updated without prior notice.
1.62. If a relationship based on a sales contract contains an international (foreign) element, then the parties agree that the relationship is governed by Czech law. By choosing the right under the previous sentence, a buyer who is a consumer is not deprived of the protection afforded to him by provisions of the legal order from which he can not be contracted and which would otherwise apply in the absence of choice of law under Article 6 (1) (EC) No 593/2008 of the European Parliament and of the Council of 17 June 2008 on the law applicable to contractual obligations (Rome I).
1.63. If any provision of the Terms of Business is invalid or ineffective, or if it occurs, instead of invalid clauses, a provision will be introduced to the extent that the purpose of the invalid clause is as close as possible. The invalidity or ineffectiveness of one provision is without prejudice to the validity of the other provisions.
1.64. The Purchase Agreement, including the Terms and Conditions, is archived by the Seller in electronic form and is not accessible.
1.65. The Attachment on Business Terms and Conditions is a sample withdrawal form from the sales contract.
1.66. Contact details of the seller: delivery address: Nový Malín 52, 788 03, e-mail address: email@example.com, phone: +420 777 653 721.
1.67. These Terms and Conditions become effective on August 22, 2018. The information is communicated via the www.mcintoenglish.com website or other information channels, usually by e-mail. Seller reserves the right to change these terms and conditions. Each new version of the Terms of Business is available at www.mcintoenglish.com and is marked with an effective date. All orders are always governed by the current version of our business terms.
In Nové Malín on 22.08.2018
NOTIFICATION OF WITHDRAWAL OF THE TREATY
(FILL IN ONLY IF YOU WANT TO REMOVE FROM THE TREATY)
name and surname: ………………………………………………………………………………………
I hereby declare (*) that I hereby withdraw / withdraw (*) from the Purchase Agreement for this Goods (*): ………………………………………………………………… …………………………………………………………………………………………………………………………………… ……………
Date of Order (*) / Date of Receipt (*): ……………………………………………………… …
name and surname of consumer / consumer: ……………………………………………………….
Consumer / consumer address: ……………………………………………………………. ……
(only if this form is sent in paper form)
(*) Delete as appropriate