GENERAL TERMS AND CONDITIONS
for ebook sales (electronic books)
I. Introductory provisions and explanation of the purpose of the general terms and conditions
1. These General Terms and Conditions (hereinafter also referred to as “GTC”) apply to the purchase of an ebook (electronic book) Societal pressure (hereinafter also referred to as “digital content” or “ebook”) via the web interface www.thinking4inking.com
2. The purchase of the ebook takes place on the basis of 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 is an integral part of the Purchase Agreement and details and explains the rights and obligations of both parties to the purchase agreement, ie the Buyer and the Seller. Arrangements that are different in the Purchase Agreement from the provisions of the GBTC take precedence (ie the text of the Purchase Agreement is above the text of the GBTC). The GTC also address some other issues related to the purchase of digital content or the use of websites www.thinking4inking.com
3. The GTC contain the information you need to have available before you buy the ebook. Please read the GTC carefully and if you have any comments or questions about them, please contact me before ordering the ebook. Contacts can be found in Article II. GTC. By clicking on the "Submit" button, you are giving me a signal that you have seen, read and agree to the course of business and cooperation as I describe here.
4. You have all the essential information available in the GTC. For faster orientation, here is the content:Contents of the GTC:
Introductory provisions and explanation of the purpose of the general terms and conditions
Important terms (definitions)
Order and conclusion of the Purchase Agreement
Ebook price and payment
Terms of delivery
Data on the functionality of digital content and its interaction with hardware and software
Withdrawal from the Purchase Agreement
Warranty, rights from defective performance, complaint procedure
Complaint handling, consumer dispute resolution
II. Important terms (definitions)
The seller is: Veronika Součková
With place of business: Kamenická 655/54, Praha 7, 17000
Registered in the Trade Register
Contact phone: +420725384907
E-mail delivery address: email@example.com
2. BUYER. The Buyer is the one who, through the web interface www.thinking4inking.com concludes a Purchase Agreement with me as the Seller, and thus buys an ebook. The buyer can be an entrepreneur (entrepreneurial natural person - self-employed or legal entity, eg s.r.o. or a joint stock company) or a consumer.
3. CONSUMER. According to the law, a consumer is a natural person who does not act within the scope of his business activity or within the scope of independent performance of a profession. If you are a natural person and you state the ID number in the order, I will consider that you are concluding the Purchase Agreement as an entrepreneur and not as a consumer.
4. CONSUMER AGREEMENT. It is a Purchase Agreement in which the consumer acts as the Buyer. According to applicable laws, the consumer is more protected than the Buyer, who is not a consumer. At the same time, the Seller has more obligations towards the consumer than towards another Buyer and is obliged to provide the consumer with the information stipulated by both the Civil Code and the Consumer Protection Act. If the Buyer is a person other than the consumer, the provisions of the GTC which serve exclusively for consumer protection shall not apply.
5. CONTRACT CONCLUDED BY DISTANCE. It is a Purchase Agreement which is concluded by means of REMOTE COMMUNICATION, ie it is concluded without the Seller and the Buyer having to meet in person, because they are concluded via a web interface or via e-mail communication, telephone or similar means of communication. The costs associated with the use of means of distance communication (especially 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 connection provider. By placing an order, you expressly agree to the use of means of distance communication.
6. APPLICABLE LEGISLATION. These are valid legal regulations that govern the relationship between the Buyer and the Seller. These are, in particular, Act No. 89/2012 Coll., The Civil Code (hereinafter also referred to as "NOZ") and in cases where the Buyer is a consumer, it is also Act No. 634/1992 Coll., On consumer protection.
III. Ordering and concluding a purchase contract
1. The buyer orders the ebook via the web interface, ie through the automatic ordering system, by sending the completed order form.
2. DESCRIPTION OF EBOOK. The web interface provides a detailed description of the ebook on offer, including what it contains, to whom it is intended, what it can bring to the reader and in what format it is provided. There is also a detailed description of the bonuses that are provided with the ebook. All presentations on the web interface are for information only. As a Seller, I am not obliged to enter into a Purchase Agreement for these products. The provisions of § 1732 para. 2. NOZ shall not apply.
3. ORDERING EBOOK. To order an ebook via the web interface, use the order form, where as the Buyer you fill in your name, surname or company, address, email, ID number, VAT number for entrepreneurs, and choose the method of payment.
Before sending the order, you are allowed to check and change the data entered in the order form and, if necessary, correct any errors and inconsistencies. Click the "Submit" button to submit your order.
I will inform you about the receipt of the order by e-mail sent to your e-mail address, which you entered in the order. Order receipt information is sent automatically. If the confirmation does not state that I accept the order, I will send you information about the acceptance of the order in a subsequent e-mail. Until the confirmation of receipt of your order is delivered to you, it is possible to cancel the order by phone or e-mail (to the address specified in Article II. Of the GTC). By delivering the confirmation of receipt of the order to your e-mail address specified in the order, the Purchase Agreement is concluded.
If in doubt, I can contact you to verify the authenticity of the order, and if the authenticity of the order cannot be verified, it is considered that the order has not been placed at all and I no longer deal with such an order.
4. The purchase contract is concluded in the Czech language. The contract is concluded in electronic form, it consists of your order, its acceptance by me and these GTC. I archive the contract in electronic form, it is not accessible.
IV. Ebook price and payment
1. EBOOK PRICE. The currently valid ebook price is always listed on the web interface. The price is valid for the entire time it is listed on the web interface. If the promotional price is stated, the conditions under which the promotional price is valid are also stated together with it. Due to the nature of the ebook, there are no shipping costs or other costs associated with its delivery. The calculated price stated in the order summary (ie before you click on the "Submit" button) is therefore the final price.
2. The agreed purchase price is the price stated with the ebook at the time of sending your order (stated in the sent order form). If there is an obvious error in stating the price on the web interface (this means mainly a typo, an error in entering the price) or a similar error in the process of concluding the Purchase Agreement, then I am not obliged to deliver you an ebook for such a manifestly incorrect price, even if that there has been an automatic confirmation of receipt of the order. In the event that this obviously incorrect price is already paid by you, I am entitled to withdraw from the Purchase Agreement. If the purchase price changes between the sending of your order and its confirmation by me, the purchase price valid at the time of sending the order applies, unless otherwise expressly agreed between us.
3. Unless expressly agreed otherwise between us, I am obliged to deliver the ebook only after full payment of the agreed purchase price.
4. METHOD OF PAYMENT. The purchase price can be paid in the following ways:
- Cashless bank transfer to my account (payment usually takes 1-2 business days): you will receive payment instructions, in the form of an advance invoice, in an email confirming receipt of the order. (if you do not issue an advance invoice, delete "in the form of an advance invoice", if you issue a straight classic invoice, replace it with "in the form of an invoice") When paying, please do not forget to indicate the relevant variable symbol delivered.
- Cashless payment cards VISA, VISA Electron, MasterCard, Maestro (payment will be made immediately).
- Online bank transfer (so-called fast payment transfer, payment will be made immediately).
Payment methods are connected to the payment gateway of GOPAYs.r.o., Which provides secure technology for accepting payment cards and online bank transfers. You enter payment card numbers, credit cards and passwords for electronic banking using the secure and trusted channel of GOPAY s.r.o.
Any other methods of payment will be listed on the web interface or can be expressly agreed between us. The purchase price is paid in Czech crowns. In the case of orders from abroad, the purchase price is paid in Euros.
5. MATURITY OF THE PURCHASE PRICE.
In the case of a non-cash transfer, the purchase price is payable within 14 days of confirmation of receipt of the order (ie from the conclusion of the Purchase Agreement). The due date is stated in the payment instructions, in the advance invoice. The purchase price is paid when the relevant amount is credited to my bank account. In the case of online payment by card or quick bank transfer, the purchase price is payable immediately after the conclusion of the Purchase Agreement.
Upon receipt of the payment, I will issue you an invoice, which you will receive for online payment methods immediately after payment, in other cases within 3 working days of receipt of payment. The provisions of § 2119 par. 1 NOZ shall not apply.
The ebook cannot be paid in the form of an installment calendar.
V. Delivery conditions
1. EBOOK DELIVERY METHOD. The ebook in .pdf format will be sent after payment of the purchase price to the e-mail address provided by you as an attachment to the e-mail message or by sending a link in the form of a website address where the content can be downloaded or opened.
2. DELIVERY TIME. The length of the delivery time depends on the chosen method of payment. If the payment is made by regular bank transfer, the ebook will be delivered no later than 3 working days after the payment is credited to my bank account. For online payment by credit card or fast online transfer, the ebook will be delivered immediately after payment.
3. TRANSPORT COSTS. Due to the nature of the product (ebook), no shipping costs are charged.
4. After delivery of the ebook, please check the functionality and availability of the content as soon as possible and if you find any deficiencies or defects, please contact me so that I can make a correction. Details are given in Article VIII of these GBTC.
5. Digital content requires, in order to be fully functional, that you have hardware and software equipment that allows you to open and work with documents in pdf format (for details, see Article VI of the GTC).
VI. Data on the functionality of digital content and its interaction with hardware and software
1. I send digital content (ebook) only to you, as the Buyer, to your e-mail address, or by making available the address of the website where the content is located. Digital content requires full hardware and software to open and work with pdf documents. You can download the content in a web browser, if it was delivered by sending a link to a web page. To download the ebook, it is essential that you are connected to the Internet with a sufficient connection speed. I am not responsible for the unavailability of content in the event of a malfunction or slow speed of your internet connection. The content may be temporarily unavailable for a short time in the event of data maintenance or server outages. The Website may be updated without notice.
2. Digital content is protected by copyright and it is not possible to redistribute it or allow other people to use it without my express consent. The ebook is for educational and informational purposes only and is created using my knowledge and experience. These are instructions and recommendations, and it depends on your abilities and other circumstances what results you will achieve with their help. Products cannot replace personal consultation. I am not responsible for your possible failure to apply the procedures, advice and recommendations given in the ebook.
VII. Withdrawal from the purchase contract
1. By law, the consumer may, as a rule, withdraw from a contract concluded in a distance manner without giving reasons within a 14-day period from the conclusion of the purchase contract. By ordering and paying for the ebook, you expressly agree that the ebook (digital content) will be delivered to you immediately, resp. within 3 working days after payment. If, based on your consent, the ebook will be delivered to you within 14 days of concluding the Purchase Agreement, then according to § 1837 letter l) NOZ has no right to withdraw from the contract without giving a reason and a refund. You have the right to withdraw from the Purchase Agreement only in cases where the NOZ allows it due to defects in the ebook (for conflict with the Purchase Agreement) - see below in Article VIII. GTC or for any other material breach of my obligations under the Purchase Agreement.
2. As a Seller, I am entitled to withdraw from the Purchase Agreement in the event of a material breach of your obligations under the Purchase Agreement, especially in the event of unauthorized interference with the web interface, copyright infringement and other cases provided by law or these GTC. If you, as the Buyer, have not paid the purchase price even within 2 days after the due date, the Purchase Agreement will be terminated upon the expiry of this period. (you can set any other overdue period)
3. If you are provided with a gift or bonus together with the ebook, the gift contract is concluded between us with the untying condition that if I withdraw from the Purchase Agreement due to a material breach of your obligations under the Purchase Agreement, the gift contract for the gift is lost. (bonus) effectiveness and you are obliged to return the gift provided to me no later than 14 days from the withdrawal from the contract. All gifts and bonuses are sent or made available only after payment of the purchase price, unless otherwise stated on the web interface.
VIII. Warranty, rights from defective performance, complaint procedure
1. Rights arising from defective performance are governed by applicable law, in particular the provisions of Sections 2099 to 2112 and Sections 2165 to 2174 of the Civil Code.
2. The rights under the guarantee are governed in particular by the provisions of Sections 2113 to 2117 and Sections 2161 to 2164 of the NOZ.
3. As a Seller, I reply to you that the ebook is free from defects upon receipt. If you are a consumer, then if the defect manifests itself within 6 months of receipt, it is considered that the ebook was defective at the time of receipt. If you are a consumer, I am also responsible for ensuring that defects do not occur during the warranty period of 24 months from receipt of the ebook.
4. In the event of a defect that cannot be removed or in the event of a repeated defect or the occurrence of a large number of defects, you have the right to request the replacement of the ebook with a new one or to withdraw from the Purchase Agreement. In the event that you do not withdraw from the contract or exercise the right to deliver a new ebook without defects, you can request a reasonable discount. You can request a reasonable discount even if I am unable to deliver the new ebook to you without defects, as well as if I do not seek remediation within a reasonable time or if it would cause you considerable difficulties in obtaining remediation. Due to the nature of the ebook, the unavailability of a part of the content, or a missing or illegible part, comes into consideration as a defect.
5. You are not entitled to defective performance if you know before receiving the ebook that the ebook has a defect or if you cause the defect yourself. The warranty and liability claims for defects do not apply to defects caused by improper use or storage of the ebook.
6. If the ebook was not delivered to you within the delivery time, please check the "bulk mail" or spam folders first. If you do not find the ebook there either, file a complaint according to the following paragraph.
7. File a complaint with me without undue delay after finding defects. You can file a complaint by e-mail to the electronic address firstname.lastname@example.org or send it in writing to the address specified in Article II of the GTC. I welcome you to attach an invoice or other proof of purchase to the complaint, a description of the claimed defect and a proposal for resolving the complaint. I will handle the complaint without undue delay, within 30 days at the latest, unless we expressly agree otherwise. I will provide you with a written confirmation of the claim and settlement of the complaint, if you are a consumer.
IX. Complaint handling, consumer dispute resolution
1. If you have a complaint about the concluded Purchase Agreement, its performance or my activities, please contact me at the address given in Article II. GTC or at the electronic address email@example.com
2. Businesses on the basis of a trade license, the control body is the relevant trade licensing authority, the Czech Trade Inspection Authority supervises compliance with regulations on consumer protection. Compliance with regulations on personal data protection is supervised by the Office for Personal Data Protection. You can also address your complaints to these authorities.
3. If there is a consumer dispute between me as a seller and a consumer, the consumer has the right to an out-of-court settlement. The Czech Trade Inspection Authority is the subject of an out-of-court settlement pursuant to Act No. 634/1992 Coll., On Consumer Protection. All details on the out-of-court settlement are available on the website of the Czech Trade Inspection Authority www.coi.cz The consumer can also use the online dispute resolution platform set up by the European Commission at http://ec.europa.eu/consumers/odr/.
4. I state that I am not bound by any codes of conduct (§ 1826 paragraph 1 letter e) NOZ).
X. Final provisions
1. The purchase contract is concluded for a definite period of time, until the fulfillment of the obligations of the Seller and the Buyer arising from the contract.
2. The protection of personal data is addressed in a separate document, which can be found on the web interface.
3. Please note that I am entitled to unilaterally change these GTC, however, the text of the terms and conditions effective at the time of sending the order always applies to the Buyer.
4. These GTC are effective from 18.7.2020