General Terms and Conditions
I. Introductory Provisions
- These Terms and Conditions govern the legal relations between the Organizer and the Buyer relating to the sale of the Goods or the provision of Services by the organisation Vedomi Srdce. o.p.s.
- The Organizer is understood to be Vedomi Srdce o.p.s., with its registered office at Čechova 906, 391 65 Bechyně Company ID: 261 13 406, registered in the public register kept by the Regional Court in České Budějovice, Section O, Insert 133.
- Service is understood to be performed by Organizer, consisting in securing the place for the Participant at events of the Via Harmonia project. The contents of the Service and its variations are listed at www.viaharmonia.com or www.viaharmonia.com or www.vedomisrdce.cz.
- Goods means a physical product provided by the Buyer through the store (eshop).
- Subscriber means any person who orders and purchases a Service via the web interface or in another manner specified for the event, and subsequently uses the Service.
- Buyer means any person who orders and purchases Goods via the web interface.
- The pricelist is information about the amount of payment for Services. The price of the Service is final, we are not VAT payers. Current prices of individual events are available at www.viaharmonia.com or www.viaharmonia.cz or www.vedomisrdce.cz.
- The Business Terms and Conditions do not apply in cases where a person who intends to purchase Goods or Services from the Provider is a legal person or a person who acts in ordering goods in the course of his business activity or in the course of his / her independent profession.
- The business relationship between the seller and the buyer who is not the final consumer is settled according to individually negotiated conditions. This means that the Provider is entitled to unilaterally refuse to conclude a purchase contract. He shall inform such Buyer about this fact in writing to its email address stated in the order.
Provision of services
II. Registration and payment terms and conditions, conditions of participation in the provision of services
- The participantis obliged to complete the order form specifying the nature and extent of his participation, his / her personal data and, if applicable, information about the legal entity paying the Service.
- The extent of the services is always specified for each event on the relevant website www.viaharmonia.com or www.vedomisrdce.cz.
- At individual events the Provider may offer one or more variants of payment of the participation fee, which are:
a) transfer payment on the basis of an advance invoice issued,
b) prepay by credit card,
c) Prepay by Express ePayment +,
d) cash payment on the spot.
- In case of payment by transfer, the Participation Fee must be paid by the date specified in the advance invoice, but no later than on the day preceding the beginning of the event. Money transfers are carried out through the ComGate Payments a.s.
- Sensitive input data that you enter into the Internet banking system is protected by the payment gateways of the banks and does not reach the third-party environment. Payment processors only see transaction information notified by the bank with the transaction sent.
- If the payment is made 3 days or less prior to the event it is necessary to prove the payment of the participation fee by submitting a confirmation of payment at the registration desk for the event.
- Upon receipt of the payment, a tax document is sent to the Subscriber by e-mail.
- If the Subscriber is in delay with the payment of the price of the service longer than 14 days, the Organizer is entitled to cancel the Subscriber’s reservation for the event.
- The participant is obliged to follow the Organizer’s instructions.
- The participant is obliged to attend the event at the time reserved in the program for the registration of participants. In the event of late arrival, he / she is not automatically entitled to immediately enter the venue and is obliged to follow the Organizer’s instructions.
III. Cancellation Policy relating to the provision of Services
- Participants may only cancel their registration in writing by sending an email to email@example.com
- Cancellation terms are as follows:
• Cancellation more than 14 days prior to the beginning of the event – 15 % cancellation fee
• Cancellation 8-14 days prior to the beginning of the event – 50 % cancellation fee
• Cancellation 7-3 days prior to the beginning of the event – 70 % cancellation fee
• Cancellation 2 or less days prior to the beginning of the event or in the absence of registration without cancellation – 100 % cancellation fee
- In case of non-participation at the event without a written cancellation, the Subscriber will be charged a 100% cancellation fee.
IV. Complaints Procedure for Services
- Zákazník má právo podat společnosti Vědomí Srdce o.p.s reklamaci nebo stížnost na poskytnuté Služby.
- Reklamaci nebo stížnost uplatňuje zákazník vždy písemně neprodleně po zjištění předmětu reklamace/stížnosti, a to na adresu Vědomí Srdce o.p.s, Čechova 906, 391 65 Bechyně nebo na email odpovídající typu akce (firstname.lastname@example.org, email@example.com). Písemná reklamace/stížnost musí obsahovat:
- Kontaktní údaje (IČ, název společnosti, adresa sídla, příp. korespondenční adresa)
- Jméno a příjmení účastníka akce nebo osoby, která za zákazníka reklamaci vyřizuje včetně telefonního a e-mailového kontaktu
- Identifikaci akce – datum, název, případně číslo faktury k dané akci
- Popis – důvod reklamace/stížnosti
- Nebude-li zaslaná písemnost zákazníka dodavateli obsahovat výše uvedené údaje nezbytné pro řádné podání reklamace/stížnosti, nebude tato písemnost přijata k dalšímu řízení.
- Společnost je povinna reklamaci/stížnost vyřídit nejpozději do 30 dnů ode dne obdržení reklamace/stížnosti od zákazníka, pokud se dodavatel se zákazníkem nedohodli na lhůtě delší. Dnem obdržení se rozumí datum, kdy byla reklamace/stížnost doručena do společnosti Vědomí Srdce o.p.s.
- Způsob řešení reklamace/stížnosti: pracovník zákaznického servisu reklamaci/stížnost zaeviduje a informuje osobu odpovědnou za řešení reklamací/stížností. Odpovědná osoba prověří předmět-důvod reklamace/stížnosti dané akce (např. porovnáním hodnotících dotazníků ostatních Účastníků akce, konzultací s lektorem, atd.), a pokud uzná reklamaci/stížnost za relevantní, zajistí adekvátní nápravu, např. vrácením části nebo celého účastnického poplatku, event. jiným způsobem dle dohody s Účastníkem.
Sale of Goods
V. Conclusion of the purchase contract
- All presentation of goods placed in the web interface of the shop www.vedomisrdce.cz is of informative nature and the seller is not obliged to conclude a purchase contract regarding this goods.
- By ordering the desired goods through the online store www.vedomisrdce.cz the Buyer submits a binding offer to conclude a purchase contract with the Provider.
- The Seller shall confirm without delay the receipt of the order by e-mail to the email address specified by the Buyer in the order, which confirmation is not the acceptance of the offer to conclude a purchase contract.
- The buyer has the right to cancel the order, ie to withdraw his proposal to conclude a purchase contract, without any sanctions until the moment of dispatch of the goods. The buyer is obliged to notify the seller of the order cancellation by email or telephone.
- The purchase contract is concluded by accepting the offer to conclude the purchase contract by the Provider, and the acceptance is considered to be the dispatch of the seller’s goods to the buyer or explicit acceptance of the seller by e-mail.
- Prices of goods and accompanying services (eg postage) stated on the web interface are expressed in CZK.
- The buyer agrees to the use of means of distance communication when concluding the purchase contract. The costs incurred by the Buyer when using means of distance communication in connection with the conclusion of the purchase contract (costs of internet connection, telephone calls) shall be borne by the Buyer himself.
- The purchase contract is concluded in the Czech language and is archived by the Provider for the purpose of its proper performance and is not accessible to third parties.
VI. Payment Terms
- The Buyer may pay the Seller the price of the goods and any costs associated with the delivery of the goods under the Purchase Agreement in the following ways:
a) cash on delivery at the place specified by the buyer in the order;
b) in cash at the ticket offices of the service providers;
c) via a bank transfer to the seller’s account;
d) cashless payment card
e) cashless via ePlatba + (Comgate) payment system;
f) cashless via PayPal.
- After receipt of the consignment, the Provider sends the proof of sale / invoice by e-mail, which also serves as a guarantee certificate.
VII. Transport and delivery of goods
- The cost of postage and packing shall be borne by the buyer according to the method chosen when ordering the goods. These costs are based on the price list at www.vedomisrdce.cz
- If the seller is obliged to deliver the goods to the place specified by the buyer in the order under the purchase contract, the buyer is obliged to take over the goods upon delivery. Upon receipt of the goods from the carrier, the buyer is obliged to check the integrity of the packaging of the goods and, in the event of any defects, notify the carrier immediately. In case of finding a breach of the packaging indicating an unauthorised entry into the consignment, the buyer does not have to take the consignment from the carrier.
- In the event that for reasons on the part of the buyer it is necessary to deliver the goods repeatedly or in a manner other than what was specified in the order, the buyer shall be obliged to pay the costs associated with repeated delivery of the goods, or the costs associated with a different delivery method.
VIII. Withdrawal from contract
- According to § 1829 paragraph 1 of the Civil Code, the consumer has the right to withdraw from the contract within 14 days from the date of the delivery of goods. The withdrawal from the contract must be sent to the seller within the specified period of 14 days by e-mail or in writing to the Address of the Provider.
- In the event of withdrawal from the contract, the purchase contract is cancelled from the outset. The goods must be returned to the Provider within fourteen (14) days of withdrawal by the Buyer. If the Buyer withdraws from the contract, the Buyer shall bear the costs associated with the return of the goods (e.g. transport) even if the goods cannot be returned for their nature by the usual postal route.
- In the event of withdrawal, the Provider shall return the funds received from the Buyer within fourteen (14) days of the withdrawal from the purchase contract by the Buyer in the same manner as the Provider has received from the Buyer, unless otherwise agreed with Buyer with no additional costs to the Buyer. The Provider is not obliged to return the received funds before the Buyer returns the goods or proves that the goods have been sent to the Seller.
- Refunds apply only to goods, not to related services (such as shipment insurance, extended warranty, etc.).
- In accordance with Section 1832 of the Civil Code, the buyer is entitled to a refund of the funds associated with the carriage of goods (postage) upon its purchase (not upon its return). This claim, however, is only the price of the cheapest variant offered by the seller (even if the buyer chose a more expensive way of transport when ordering), and personal collection can not be considered as such a delivery method.
- The Buyer acknowledges that pursuant to the provisions of Section 1837 of the Civil Code, it is not possible to withdraw from the purchase contract
a) for the delivery of goods that have been modified according to the buyer’s wish or for the person (tailor-made product)
b) from the contract of delivery of perishable goods and goods , which has been irrevocably mixed with other goods upon delivery,
c) from a contract for the delivery of goods in a sealed package that the consumer has removed from the packaging and cannot be returned for hygienic reasons
d) from a purchase agreement for the delivery of audio or video recordings or a computer program if they have broken original packaging.
- The buyer acknowledges that if goods returned by the buyer are damaged, depreciated or partially consumed, an entitlement shall be established for the seller toward the buyer for compensation of costs incurred to the seller therefrom. The seller shall be entitled to unilaterally offset the entitlement to compensation for incurred damages against the entitlement of the buyer to the return of the purchase price.
- If a gift is provided alongside the goods to the buyer, a gift agreement between the seller and the buyer shall be concluded with a condition subsequent that if the buyers withdraws from the purchase agreement, the gift agreement regarding such a gift shall no longer be effective and the buyer shall be obliged to return the gift along with the goods to the seller.
- Until the Buyer accepts the goods, the Provider is entitled to withdraw from the purchase contract at any time. In such a case, he shall inform the Buyer by e-mail to the address stated in the order and return the purchase price to the Buyer without undue delay.
IX. Rights of defective performance
- The seller is liable to the buyer for the fact that the goods have no defects when taken over and that at the time the buyer took over the goods:
a) the goods have properties that the parties have negotiated and, in the absence of an arrangement, possess such characteristics as the seller or the manufacturer has described or which the buyer expects with regard to the nature of the goods and the advertising they make;
b) the goods fit the purpose for which the seller indicates or to whom the goods of this type are usually used
c) the goods correspond to the quality or performance of the agreed sample or original if the quality or design was determined according to the agreed sample or original
d) the goods are of an appropriate quantity, measure or quality;
e) the goods comply with legal requirements.
- Referred to in Article 6.1. of these Terms and Conditions shall not apply to goods sold at a lower price due to a defect for which the lower price was negotiated, in case of used goods for the defects corresponding to the degree of use or wear and tear of the goods at the time of the takeover of the goods by the Customer, or if it arises from the nature of the goods.
- The Buyer’s right from defective performance is constituted by a goods defective at the time of receipt by the Buyer. If the defect becomes apparent within three (3) months of receipt of the goods by the buyer, the goods shall be deemed to have been defective at the time of receipt.
- If the defective performance constitutes a material breach of the contract, the buyer has the right to:
a) removal of the defect by delivery of a new item without any defect, or delivery of the missing item, unless it is inadequate with regard to the nature of the defect
b) removal of the defect by repair of the item;
c) a reasonable discount on the purchase price;
d) withdrawal from the Contract
- The Buyer shall communicate their choice to the Seller upon reporting the defect or without undue delay after the defect is notified. The Buyer may not change their choice without the Seller’s consent.
- The Buyer shall exercise the rights arising from defective performance at the e-mail address of the Seller: firstname.lastname@example.org.
- The competent authority for out-of-court settlement of consumer disputes under the Purchase Contract shall be the Czech Trade Inspection Authority with its registered office at Štěpánská 567/15, 120 00 Prague 2, Identification No.: 000 20 869, internet address: https://adr.coi.cz. [JA1] For on-line dispute resolution, the platform at the internet address ec.europa.eu/consumers/odr may be utilised.
X. Final Provisions
- These Terms and Conditions are located on the website of the Organizer www.viaharmonia.com or www.viaharmonia.cz or www.vedomisrdce.cz.
- All communication between the parties, including the cancellation of registration, must be in writing or via emails known to the other side.
- Relations established by these Terms and Conditions are governed by the applicable legislation, in particular the Civil Code of the Czech Republic.
- Any disputes that cannot be settled by agreement will be resolved in proceedings before the general courts of the Czech Republic.
- The Organizer reserves the right to change these Terms and Conditions.
These Terms and Conditions apply from February 1, 2019