General Terms and Conditions
- GENERAL CONDITIONS
1.1. These General Conditions (further just conditions) are valid for selling products and services of the seller, which is Ing.Ivana Gemzicka, Žiarska 602/2, 031 04 Liptovský Mikuláš, Slovakia, IN: 35409304, TIN: 1021657296, represented by the Director Ivana Gemzicka, to the buyer via distant communication tools using the website interface of the seller.
1.2. Conditions define and specify the rights and responsibilities of the seller and buyer (further also "customer").
1.3. Establishment of General Conditions is an integral part of the purchase contract.
1.4. In case the consumer is a contracting party (other than entrepreneur, who makes an order as a part of their business activities), they are governed by relationships unrelated to business conditions as well as Civil Code (Slovak Law 40/1964 Sb.) and the Consumer Protection Law ( Slovak Law No. 513/1991 Sb.).
1.5. These General Conditions are stated on the website of the seller and they are valid for the sale of products and services of the seller on the website www.bobbinlaceonline.eu.
- AN ORDER AND CONCLUSION OF THE PURCHASE CONTRACT
2.1. Product signification, the description its main characteristics and price, including the information about whether the VAT is included or not is disclosed on the chosen website of the seller. In the case of showing the price without VAT, the price with the VAT rate is displayed right afterwards. The price is also always displayed on the order form. The supply is available for the period of time when displayed on the web interface.
2.2 The sales form always contains information about the customer, ordered product, merchandise or service, about price including TAX and fees, the way of purchase, data about required way of delivering and information about expenses related to the product or service delivery. There are no delivery expenses for the online courses.
2.3. The contractual relationship between the seller and customer is established by sending the order (not by the order confirmation). The customer submits the order by clicking on the button "Order". Since this moments, rights and responsibilities of buyer and seller arise, which are determined by purchase contract and these General Terms and Conditions. By submitting the order, the customer confirms that he or she had read those terms and conditions and he or she agrees with them. The electronic order is valid only after filling all the required data and requisites stated in the order form. The seller shall exclude acceptance of an offer with an addendum or a deviation.
2.4. Information about the individual technical steps leading to the conclusion of the contract is apparent from the process of ordering and the customer has the opportunity to check and correct the order before the submitting. The data stated in the order are consider as correct by the seller.
2.5. The customer agrees with using the distance communication tools while concluding the contract.
2.6. The contract is concluded in the English language. The contract, the invoice will have been saved in the electronic archive of the seller for the period of 5 years from the date of conclusion for the purposes of the successful performance of the contract and will not be accessible to the not involved third parties.
2.7. The seller is obliged to provide or deliver merchandise/service the customer had ordered, and the customer is obliged to accept and pay the purchase price for the merchandise/service. The seller is relieved of the duty to deliver merchandise/service in the case of running out of stock, which the customer will be informed about.
2.8. Proprietary right to products/merchandise is transferred to the customer after paying the purchase price and taking over the product/merchandise.
- THE PRICE, METHOD OF PAYMENT
3.1. The price of the products, merchandise and services, including the information whether the price includes VAT or not is stated the chosen website interface of the seller. In the case of stating the price without VAT, the full price including the VAT is also stated. The price is always stated on the sales form, too.
3.2. The seller issues the customer an invoice based on the contract regarding the payments required - invoice serves as a proof of purchase of a product, merchandise or a service. The seller is a value-added taxpayer.
METHOD OF PAYMENT
3.4. The price of the product/merchandise and eventually expenses related to the delivery are covered by the customer by a cashless payment to the account chosen in the sales form.
3.5. For the cashless payments, the payment methods are connected to the payment getaway run by the company GOPAY s.r.o., which provides a secured technology for accepting credit and debit card online bank transfers. The numbers of credit or debit cards and passwords for the internet bankings are entered via secured and credible channel of the company GOPAY s.ro.
You can use the following options of payments:
- by online debit or credit card VISA, VISA Electron, MasterCard, Maestro;
- by Pay Pal
- by Bank transfer based on the invoice.
3.6. It is a one-off payment.
3.7. The customer is obliged to pay the full price together with stating the correct variable symbol of the payment, the seller won't be able to identify the payment otherwise and provide the required merchandise in time.
3.8. The purchase price is payable for 14 days since the contract is concluded (from the date of the invoice issued), if not stated otherwise, the customer's commitment to pay the price for the product/merchandise or service is fulfilled by crediting the relevant amount to the seller's account.
- CONDITIONS OF DELIVERY
4.1. At the online educational products, the delivery means sending the access data from the seller to the mail address of the customer stated in the sales form, or by sending the URL address link.
4.2. The access information is provided by the seller to the customer after paying the full purchase price, within three days at the latest, if not stated otherwise.
4.3. In the case of merchandise, the seller delivers and supplies the ordered merchandise according to the size and weight by the Zasielkovňa services according to the current price list, as soon as possible, usually within 2-10 working days from receiving the payment. The place of delivery is determined by the sales form of the customer. The order is considered as completed by delivering the merchandise to the address stated in the sales form.
- SECURITY AND PROTECTION OF COPYRIGHT
5.1. The access information for the online products or the certain URL address is only designated for the personal need of the customer. The access to the personal account is secured by the customer's login and password. The customer is obliged to maintain confidentiality regarding the information necessary to access their personal account for the online product or provided URL address. The seller has no responsibility for the misusage of the login and password by a third party.
5.2. Products, that are sold via website interface (online educational programs, books) are sold including their content and they are subject to copyright protection under copyright law. Any sharing or sharing with third parties without the authors consent is prohibited. The authorization to exercise the right to use the copyright work may only be granted to the customer under a license agreement. The customer is responsible to the seller for the loss or damage caused by violation of the copyright protection rights.
- WITHDRAWAL FROM CONTRACT
6.1. Withdrawal from the contract by the consumer
If the buyer is the consumer, he or she has a right according to the statement (Slovak Law 64/1964 Sb.) of Civil Code to withdraw from the contract in the period of fourteen days from taking over/delivering the product, merchandise, without giving a reason and any sanctions.
6.2. If you decide to withdraw from the contract in this period, please comply with these conditions below:
- At the latest on the 14th day after the receiving the product/merchandise, the seller must be notified of the cancellation of the contract.
- Model withdrawal form(fill in this form and send it back only in the case you wish to cancel the contract)
- Notification of the contract cancellation;
- Addressee (he the consumer needs to insert their name and surname, address and email address):
- I/we announce (*), that by sending this document I/we cancel (*) the purchase contract of this merchandise (*);
- The date of ordering í (*)/ date of receiving (*);
- The name and surname of the consumer/consumers;
- The address of the consumer/consumers;
- The signature of the consumer(s) (only if the form is sent in the printed form);
- The date (*). Cross the inappropriate or add other information.
- Please, send the form via email to info@ivanagemzicka.eu together with the number of order, name and date of purchase.
- Deliver the bookmerchandise at your own expense to the address Ivana Gemzicka, Žiarska 602/2, 031 04 Liptovský Mikuláš, Slovakia, no later than 14 days after the withdrawal of the contract.
- We recommend returning the merchandise you will be sending back due to the withdrawals in the original undamaged packaging.The merchandise should not show any signs of usage, it should be undamaged, complete with the copy of proof of purchase. Don't send the goods via Cash on Delivery.
- It is possible to proceed the withdrawal electronically to the email: info@ivanagemzicka.eu, in writing, then to the address stated above in these Terms and Conditions, always with the declaration that the buyer is withdrawing the contract and with the copy of invoice included. The buyer will receive a credit note with the amount corresponding to the purchase price of the online course. The amount will be returned within 30 days from receiving the email with the contract withdrawal.
- In the case of the customer withdrawing from the contract for an educational online product, the seller has the right to deactivate and disable the access to the member section of the programimmediately after receiving the contract withdrawal.
6.3. Contract withdrawal from the side of the seller
The seller is entitled to withdraw from the sales contract without undue delay if he/she finds that the other party has breached the contract substantially. For the purposes of this Contract, a substantial violation of this Contract is deemed to be:
- customer's delay with payment of the purchase price or partial repayment (repayments) more than 10 days after the maturity;
- Breach of copyright obligations by the customer.
- RIGHTS AND OBLIGATIONS FROM DEFECTIVE PERFORMANCE, COMPLAINTS
7.1. The rights and obligations of the contracting parties related to the responsibility of the seller regarding faults, i.e. rights from defective performance, are subject to the relevant generally binding regulations (mainly the paragraphs of the Slovak Civil Code).
7.2. The seller is responsible to the customer, that the taken over product doesn't have any faults. In the case, that the product is not in conformity with the sales contract, the customer has the right to demand from the seller to put the product into such a state corresponding to the purchase contract at no costs and without any unnecessary delay.
7.3. Defective performance is applied by the customer to the seller without any undue delay, but no later than two years after the date of acceptance of the product.
7.4. To file a complaint, please, contact us via email info@ivanagemzicka.eu. The claim should include a proof of purchase and a description of the defect. You will be notified by email regarding the way we are going to process the complaint.
7.5. The customer is eligible to require the removal of the defect at no costs, a reasonable discount of the price and if not disproportioned to the nature of the defect (e.g. the defect is not possible to be fixed without an unnecessary delay), it is possible to require a new flawless product. If the repair or replacement is not possible, the customer may demand full refund of the purchase price on the basis of the withdrawal.
7.6. The claim will be settled without any undue delay, no later than 30 days from the date of claim submission, unless the seller agrees with the customer for a longer period.
7.7. The seller is not obliged to comply with the customer's claim if he proves that the customer knew about the fault before accepting the product or the customer caused the fault himself. Seller is not responsible for defects resulting from normal wear and tear or non-compliance with the instructions for use. Also, the seller is not responsible for any defects that may arise from the customer due to a slow internet connection of the buyer, due to a not installed up-to-date web browser, or not installed mandatory software for running a webinar or an online product that the seller is not capable to influence. The online educational courses contain only instructions and recommendations, the seller is also not responsible for success or failure of the customer when applied in practice.
- MONEY BACK GUARANTEE
8.1. Because your satisfaction with our products is highly important to us, we offer the option to get your money back at least 14 days from the date of purchase, i.e. from sending you the an access link or a URL address to the email address you provided, you can withdraw from a contract with a refund guarantee in case you are not happy with the product or find that the purchased online course is not suitable for you. Whether the guarantee is granted for the particular product, or whether the guarantee is provided for a period longer than 14 days is indicated on the website of your chosen product.
8.2. In the case of dissatisfaction, please send the withdrawal in electronic form to info@ivanagemzicka.eu with a statement that you are withdrawing from the contract and enclosing a copy of the invoice/tax receipt and purchase date.
8.3. The money will be refunded to you in the same way as it was received within 30 days of receiving the e-mail with the withdrawal from the contract and received confirmation of the corrective tax document to our email address. Once your request has been received, your product access will be automatically disabled.
- EXCLUSION OF LIABILITY
By entering the online course you understand that any application of the information from this course and successes or failures coming out of it, this all is only in your hands and neither the Ing. Ivana Gemzicka company nor Ivana Gemzicka is responsible for it and do not bear any responsibility for it.
You are fully legally competent and fully responsible for your actions, behaviour and decision-making for the duration of this online course. Your success depends not just on the knowledge gained in the course, but also on the factors we cannot influence, e.g. on your skills, possibilities, knowledge, abilities, the situation on the market, business knowledge, health condition, etc.
- PERSONAL DATA PROTECTION
10.1. The seller fully respects the trustworthy character of your data, which you fill in the order form and share with the Ing. Ivana Gemzicka company. The data is secured and protected from abuse. We use it to complete the business operation with you, including the necessary bookkeeping operations such as issuing the invoice and identification of your cashless payment and for communication with you, hence for all customer administration and also for marketing purposes. This data is saved in the database with a strict security against any abuse and it is not shared with third parties.
10.2. Ing. Ivana Gemzicka company will send you the notification in writing, if and which personal data of yours we keep upon your request, as soon as possible. If despite our efforts regarding the correctness and accuracy of the data there was noticed incorrect information, we will correct it upon a request. If you have any questions regarding the processing of your personal data, you can direct them to info@ivanagemzicka.eu, where we are available not just in the case of information but also in the case of complaints and overtures.
10.3. Acquisition and processing of personal data
When you visit our website, our website servers record the IP address, which was assigned to you by your internet services provider in a standard way, the website you come from to visit us, web pages you visit on our website and also the date and time and length of your visit. Personal data is only recorded if you voluntarily share it with us, e.g. when you register or when you fill in an order form for the contract implementation. Passing of personal data to the governmental authorities and offices follows only within the framework of binding legislation.
10.4. The possibility to unsubscribe
We aim to use your data in order to inform you about our products and services or find out your opinion about them. Participation in such events is of course, voluntary. If you happen to disagree with it, you can notify us anytime, so we can accordingly block your data. In the case of email communication, you can unsubscribe anytime by clicking on the unsubscribe link in every email you receive from us.
10.5. Souhlas se zpracováním osobních údajů
By filling the order form, the customer agrees with including his or her filled personal data into a database of Ing. Ivana Gemzicka, Žiarska 602/2, 031 04 Liptovský Mikuláš, Slovakia, IN: 35409304,TIN: 1021657296 , as administrator, and with the following processing for marketing purposes and business information via electronic means according to the Slovak Law no. 22/2004 Sb, for the period, until the consent is withdrawn.
At the same time, the customer agrees with the seller to send him information about upcoming events and offers of their business partners.
10.6. Cookies
Ing Ivana Gemzicka company uses cookies to monitor the preference of the visitors and optimally create the website pages according to it. Cookies are little "files" which save on your hard drive. This leads to the facilitation of navigations and ensuring a high level of comfort of the website user. Cookies can be used to find out if you've already visited our site from your computer. Only the cookie on your computer identifies.
You can deactivate using cookies in your internet browser.
11. FINAL PROVISIONS
11.1 Indication of the existence, manner and conditions of out-of-court settlement of consumer complaints,including whether a complaint can be addressed to a supervisor or a state supervisor.
1. Out-of-court dispute resolution, particularly through mediation or arbitration is based on the voluntary participation of both parties, the objectivity and impartiality of the proceedings.
2. The supervisory and control body is the Slovak Trade Inspection. The Slovak Trade Inspection inspects and supervises legal entities and physical persons selling or delivering products and goods to the internal market, providing services or developing other similar activities in the internal market, providing consumer credit or operating a marketplace (market), unless, under special legal regulations, another administrative authority (for further information see Act No128/2002 , on the Slovak Trade Inspection) performs this supervision.
3. If there is a conflict between us, as a seller and customer-consumer, the consumer has the right to extrajudicial settlement. The subject of extrajudicial solution pursuant to Act No. 513/1991 Coll., On Consumer Protection, is the Slovak Trade Inspection. all details of the out-of-court solution can be found on the website of the Slovak Trade Inspection soi.sk.. The consumer can also use the online dispute resolution platform set up by the European Commission at http://ec.europa.eu/consumers/odr/
11.2 Efficiency
These Terms and Conditions have become effective on February 12, 2020. The information is communicated via the website https://bobbinlaceonline.eu or other information channels, usually by e-mail. Seller reserves the right to change these terms and conditions. Each new version of the Terms and Conditions is available at https://www.bobbinlaceonline.eu and is marked with an effective date. All orders always subject to the current version of our business terms.