Terms and Conditions
1 General Terms and Conditions
General terms and conditions for the purchase of digital content from the www.englishwitheva.com shop on the www.englishwitheva.com website.
1.1 Introductory provisions
- These terms and conditions (hereinafter referred to as the “Terms and Conditions”) of the entrepreneurial natural person Eva Marešová, ID No.: 731 966 81, hereinafter referred to as the “Seller”, who represents the shop www.englishwitheva.com, regulate in accordance with the provisions of Section 1751 (1) of Act No. 89/2012 Coll., Civil Code (hereinafter referred to as the “Civil Code”), the mutual rights and obligations of the parties arising in connection with or on the basis of a purchase contract (hereinafter referred to as the “Purchase Contract”) concluded between the Seller and another natural person, hereinafter referred to as the “Buyer”, through the Seller’s online shop.
- The online shop is operated by the Seller on the website located at the internet address www.englishwitheva.com (hereinafter referred to as the “Website”), through the interface of the Website (hereinafter referred to as the “web interface of the shop”).
- The Terms and Conditions apply when a person who intends to purchase goods from the Seller (hereinafter referred to as the Buyer),
– is a legal person or a person who is acting in the course of his/her business or profession when ordering goods;
– the end consumer, i.e. a natural person.
- The Seller may change or supplement the wording of the Terms and Conditions. This provision does not affect the rights and obligations arising during the period of validity of the previous version of the terms and conditions.
1.2 Contact details of the Seller
Name: Eva Marešová
Registered office: Pískovna 1075, 742 66 Štramberk
ID: 731 966 81
Details of registration in the register: Not registered in the Commercial Register.
Registered in the Trade Register since 1.6.2003.
Phone (GSM): +420 736 104 750
Web address of the shop: www.englishwitheva.com
Contact address: Pískovna 1075, 742 66 Štramberk
Opening hours: Mon – Fri: 9:00 – 17:00
1.3 User account
- Based on the Buyer’s registration made on the Website, the Buyer can access his/her user interface (hereinafter referred to as “User Account”). From his User Account, the Buyer can place orders for goods. If the web interface of the Shop allows it (this may change over time), the Buyer may also order goods without registration and without his/her user account, directly from the web interface of the Shop.
- When registering on the web page in the web interface and when ordering goods, the Buyer is obliged to provide all the information correctly and truthfully. The Buyer is obliged to update the information provided in the user account in case of any change before placing another order. The information provided by the Buyer in the user account and when ordering goods is considered correct by the Seller.
- Access to the user account is secured by a username and password. The Buyer is obliged to maintain the confidentiality of the information necessary to access his user account.
- The Buyer is not entitled to allow third parties to use the user account.
- The Seller may cancel the user account, in particular if the Buyer does not use his/her user account for more than a year or if the Buyer breaches his/her obligations under the Purchase Agreement (including the General Terms and Conditions).
- The Buyer acknowledges that the User Account may not be available continuously, in particular with regard to necessary maintenance of the Seller’s hardware and software equipment or necessary maintenance of hardware and software equipment of third parties.
1.3.1 Processing, protection and use of personal data
- The ordering (purchase) of digital content sold via the web interface of the website www.englishwitheva.com is subject to the provision of certain personal data and other data, namely:
– name and surname;
– contact address, or billing address if different from the contact address;
– the buyer’s email address;
– telephone number;
- If the buyer is a natural person or legal entity, in addition to the personal data listed in paragraph 1 above, also
– the name of the company;
– BUSINESS ID;
– VAT NUMBER.
1.4 Definition of the goods sold
- The Seller sells digital content on the online shop www.englishwitheva.com in the following formats:
– portable document format – *.pdf;
– audio in *.mp3 formats; compressed audio folders *.zip containing *.mp3
- The documents referred to in paragraph 1 will hereinafter be referred to as the digital content sold or goods.
- The digital content sold is a copyright work. Further terms and conditions of use of the digital content sold are set out in section 1.10 License Agreement for the purchased goods.
1.4.1 Further information on the digital content sold
The digital content sold is a copyright work and is educational and informative content.
- The digital content sold are pdf files containing English language teaching materials and mp3 files with audio recordings of the pronunciation of the vocabulary of the lesson.
- All digital content is produced or authorised by a qualified person.
- In no event shall the Seller be liable for any damages resulting from the use of the digital content sold, its misinterpretation, or any other damages caused by the use of the digital content purchased.
1.5 Basic Information
- The information about the Digital Content sold and the price quoted by the Seller is binding except in the case of obvious error. Prices are presented inclusive of all taxes (e.g. VAT) and fees.
- Acceptance of an offer with an amendment or deviation does not constitute acceptance of the offer.
- Acceptance of unsolicited performance by the buyer does not constitute acceptance of the offer.
- All presentation of the goods placed in the web interface of the shop is informative and the seller is not obliged to conclude a purchase contract regarding these goods. Section 1732(2) of the Civil Code shall not apply.
- The web interface of the shop contains information about the goods, including the prices of individual goods. The prices of the goods are inclusive of value added tax and all related charges. The prices of the goods remain valid for as long as they are displayed on the web interface of the shop. This provision does not limit the seller’s ability to conclude a purchase contract on individually agreed terms.
1.6 Purchase of digital content and conclusion of the purchase contract
- Procedure of the Buyer, when purchasing goods:
– The Buyer shall use the web interface of the Shop to select the goods he wishes to purchase;
– the buyer uses the web interface of the shop to obtain the necessary information about the goods, in particular information about the price of the goods, the description of the goods, the format of the document, or some other information;
– the buyer inserts the selected goods into the virtual shopping cart of the web interface of the shop using the “Add to cart” button;
– after adding the goods to the basket, the buyer can:
– continue shopping or;
– order and purchase the selected goods by clicking on the basket icon and thus entering the basket or checkout;
– the buyer sees in the basket an overview of the selected goods to be purchased and can edit it there, i.e. in particular delete the goods or some of the goods and can also move from the basket to the checkout;
– the buyer follows the instructions of the web interface of the shop and in particular:
– enters his details if he is not already logged in to his account;
– enter their contact and billing details;
– select the payment method;
– confirms that he/she has read these terms and conditions;
– prior to sending the order to the Seller, the Buyer is allowed to check and change the data entered by the Buyer in the order, including with regard to the Buyer’s ability to detect and correct errors made when entering data in the order.
– The Buyer shall send the order to the Seller by clicking on the “Order” button. The information provided in the order is considered correct by the Seller.
- Sending an order is considered to be such an act of the Buyer that identifies the goods ordered, the purchase price, the person of the Buyer, the method of payment of the purchase price in an unquestionable way and is a binding proposal of the purchase contract for the contracting parties. The validity of the order is conditional on the completion of all mandatory data in the order form on the checkout page, familiarisation with these terms and conditions on the website and the buyer’s confirmation that he has read these terms and conditions. An order that is sent with obvious errors, either on the seller’s side (e.g. incorrectly stated price) or on the buyer’s side (e.g. incorrectly stated billing information) is not considered valid and thus the draft purchase contract is also considered invalid.
- Upon receipt of the order, the Seller shall confirm receipt of the order to the Buyer by e-mail to the Buyer’s e-mail address specified in the user interface or in the order (hereinafter referred to as the “Buyer’s e-mail address”).
- Depending on the nature of the order (quantity of goods, amount of the purchase price, estimated shipping costs), the Seller is always entitled to ask the Buyer for additional confirmation of the order (e.g. in writing, by email or by telephone).
- The contractual relationship between the Seller and the Buyer is established by the delivery of the acceptance of the order (acceptance), which is sent by the Seller to the Buyer by e-mail, to the Buyer’s e-mail address that he has entered.
- In the event that any of the requirements specified in the order cannot be fulfilled by the Seller, the Seller shall send the Buyer an amended offer to the Buyer’s e-mail address indicating the possible variants of the order and requesting the Buyer’s opinion.
- The amended offer shall be considered as a new proposal of the purchase contract and the purchase contract shall be concluded in such a case only upon the Buyer’s acceptance via e-mail.
- The Buyer agrees to the use of remote means of communication in concluding the Purchase Agreement. The costs incurred by the Buyer in using remote means of communication in connection with the conclusion of the Purchase Contract (costs of internet connection, costs of telephone calls) shall be borne by the Buyer himself and shall not differ from the basic rate.
1.6.1 Price of the goods, payment terms and accepted payment methods
- The buyer is obliged to pay for the digital content sold in advance.
- The Buyer may pay the price of the goods and any costs associated with the delivery of the goods under the Purchase Agreement to the Seller in the following ways:
– cashless, by bank transfer to the Seller’s account no. 8291513741, bank code 5500, maintained at Raiffeisenbank a.s (hereinafter referred to as the “Seller’s account”);
– the Buyer shall transfer the exact amount (= price of the goods) to the Seller’s account;
– cashless (online transfer, card payment), via the payment gateway GoPay.
- In the case of non-cash payment, the Buyer’s obligation to pay the purchase price is fulfilled when the relevant amount is credited to the Seller’s account.
1.7 Delivery of the sold digital content to the Buyer
- Upon receipt of the full payment from the Buyer, without undue delay, but no later than within 14 days (the email with the link is sent automatically, immediately after the payment has been credited to the Seller’s account, 14 days is set as the Seller’s protection period, especially in the event of technical problems of the website or when performing maintenance of the website), the Seller sends an email to the Buyer’s email address with a link to download the purchased digital content sold.
- The Seller guarantees that the link in the email to download the purchased digital content will be functional for at least 14 days from the date of sending it to the Buyer. Exceptions are cases where the link becomes non-functional due to an error of a third party (e.g. website hosting provider).
- If the Buyer uses the download link only after the expiry of 14 days from the date of delivery and the link is no longer functional, the Buyer is obliged to immediately inform the Seller of this fact, who will arrange a remedy and send the Buyer a new, functional download link for the purchased goods without undue delay or deliver the goods to the Buyer in another form. Similarly, the buyer is obliged to proceed in cases where the link to download the purchased digital content is not functional or if the buyer does not receive the email with such a link at all. This may only occur in exceptional cases of technical problems.
- If the buyer informs the seller after 30 days from the date of payment of the goods that the download link is not working or that the link was not sent at all, the buyer loses the right to the purchased digital content. In this case, the Seller is not obliged to refund the price paid for the purchased digital content.
1.8 Claims and rights arising from defective performance
- The rights and obligations of the parties with regard to rights of defective performance are governed by the applicable generally binding regulations (in particular Sections 1914 to 1925, Sections 2099 to 2117 and Sections 2161 to 2174 of the Civil Code).
- The Seller shall be liable to the Buyer that the goods are free from defects upon receipt. In particular, the seller is liable to the buyer that at the time the buyer took delivery of the goods:
– the goods have the characteristics agreed between the parties and, in the absence of an agreement, have the characteristics described by the seller or the manufacturer or expected by the buyer in view of the nature of the goods and on the basis of the advertising carried out by them,
– the goods are fit for the purpose for which the seller states they are to be used or for which goods of that kind are usually used,
– the goods are in adequate quantity or measure.
- If the purchased digital content is not properly made available to the Buyer (made available for download, subject to the conditions set out above), the Buyer may make a complaint by emailing firstname.lastname@example.org.
1.9 Withdrawal from the purchase contract
- By purchasing the digital content sold provided electronically (email with a link to download the digital content purchased), the buyer acknowledges that, in accordance with the provisions of Section 1837, Commercial Code, immediately upon receipt of the email with a link to download the digital content purchased, he loses the right to withdraw from the purchase contract.
- Withdrawal from the purchase contract in accordance with the Commercial Code for digital content is only possible if this content is delivered on a tangible medium (e.g. CD, DVD). Such delivery is currently not supported by the Seller.
Withdrawal from the purchase contract is possible only after the seller’s consent, which is provided to the buyer in electronic form to the email address provided by the buyer when ordering. The Seller shall provide consent to withdraw from the Purchase Agreement, in particular in cases of Buyers who have previously purchased other digital content from the Seller, where the Buyer sufficiently justifies the reason for his/her request to withdraw from the Purchase Agreement and only in cases where the Seller does not suspect that the digital content was purchased by the Buyer for the purpose of misuse (theft of know-how).
1.10 Licensing arrangements
By purchasing the digital content sold, the buyer does not acquire an exclusive license to use it, i.e. the purchased digital content will still be available for purchase by other buyers on the seller’s website.
1.10.1 General terms and conditions for the use of the digital content
- The purchased digital content may not be further modified and used for commercial purposes. The digital content of the service is protected by copyright. The user is not entitled to remove, circumvent or otherwise interfere with the digital protection (DRM) of the electronic content of the service in any way, and undertakes not to incite or assist others to do so. The User may reproduce and copy the electronic content of the Service to his/her electronic devices, store it in the memory of his/her computer or other devices to familiarize himself/herself with the content without the possibility of changing the electronic structure or modifying the file and sharing it again.
- The purchased digital content may not be publicly distributed, whether for a fee or even free of charge. In particular, public dissemination means:
– placing purchased digital content on
– public repositories, without password security, which are known only to specific persons, such as the websites www.webshare.cz, www.ulozto.cz, and the like, including foreign websites and torrent sites;
– social networks (e.g. Facebook, Twitter, Google+, etc.);
– the bulk provision of purchased digital content to others, in particular, for example, when organizing mass events (e.g. lectures, training courses, etc.) as advertising or support material for participants in such events;
– other means of dissemination where the purchased digital content would be accessible to the general public.
- Exceptions to the provisions of paragraph (2) are possible, only with the prior consent of the Seller and generally under special pricing conditions, different from the provisions of Chapter 1.6.1.
1.11 Other rights and obligations of the parties
- The Buyer acquires the right to use the Goods, subject to the conditions set out in Chapter 1.10 (including subchapters), by paying the full purchase price of the Goods.
- The Seller is not bound by any codes of conduct in relation to the Buyer within the meaning of Section 1826(1)(e) of the Civil Code.
- Out-of-court handling of consumer complaints is provided by the Seller via the electronic address email@example.com. The Seller shall send information on the settlement of the Buyer’s complaint to the Buyer’s electronic address.
- The Seller is authorized to sell goods on the basis of a trade license. Trade control is carried out within the scope of its competence by the competent trade office. Supervision of the protection of personal data is exercised by the Office for Personal Data Protection. The Czech Trade Inspection Authority supervises, among other things, compliance with Act No. 634/1992 Coll., on Consumer Protection, as amended.
- The Buyer hereby assumes the risk of change of circumstances within the meaning of Section 1765(2) of the Civil Code.
1.12 Sending commercial communications, Cookies
- The Buyer, who, when registering a user account in the web interface of the Shop, has given his/her consent – subscribed to receive news and special offers from the Shop’s partners, agrees to receive information related to the Seller’s goods, services or business at the Buyer’s electronic address and further agrees to receive commercial communications from the Seller at the Buyer’s electronic address. The Buyer may withdraw this consent at any time by sending a request to cancel the sending of commercial communications to the Seller’s electronic address firstname.lastname@example.org.
- The Buyer agrees to the storage of cookies on his computer. In the event that the purchase on the website can be made and the seller’s obligations under the purchase agreement can be fulfilled without storing cookies on the buyer’s computer, the buyer may withdraw the consent under the previous sentence at any time.
1.13 Dispute resolution
- Disputes between the Seller and the Buyer shall be settled by the general courts.
- The Buyer, who is a consumer, has the right to out-of-court settlement of a consumer dispute arising from a purchase contract or a contract for the provision of services pursuant to Act No. 634/1992 Coll., on Consumer Protection, as amended. The Czech Trade Inspection Authority is the entity authorised to carry out out-of-court dispute resolution. Further information is available on the website www.coi.cz.
- Out-of-court settlement of a consumer dispute is initiated exclusively at the consumer’s request, and only if the dispute has not been resolved directly with the seller. The application may be submitted within 1 year at the latest from the date on which the consumer first exercised the right which is the subject of the dispute with the seller.
- The consumer has the right to initiate out-of-court dispute resolution online via the ODR platform available on the website ec.europa.eu/consumers/odr/.
- The buyer may also contact dTest, o.p.s. for advice on his/her consumer rights via www.dtest.cz/poradna or by phone on 00420 299 149 009.
- The Czech Trade Inspection Authority (www.coi.cz) supervises compliance with the obligations under Act No. 634/1992 Coll., on Consumer Protection, as amended.
1.14 Final arrangements
- Other matters not specified herein shall be governed by the Civil Code (No. 89/2012 Coll.), the Consumer Protection Act (No. 634/1992 Coll.) and other legislation, as amended.
- The contract and related matters are governed by Czech law.
- Changes to the terms and conditions in a written form other than mutually agreed upon are excluded.
- These terms and conditions are effective from 1 March 2022.