GENERAL TERMS AND CONDITIONS

in the sense of the provisions of § 1751 et seq. Act No. 89/2012 Coll., the Civil Code, as amended

Mgr. Lenka Charvátová, CIN: 09648534, registered in the Trade Register of the Czech Republic, with its registered office at Opavská 63, 74775 Velké Heraltice, The Czech Republic (hereinafter referred to as the “Provider”)

These general terms and conditions apply to all contracts concluded after 1 January 2021 with the provider. Deviating provisions in the contract take precedence over the wording of these terms and conditions.

I. INTRODUCTORY PROVISIONS

  1. These General Terms and Conditions (hereinafter referred to as “GTC”) govern the rights and obligations of the parties arising from the contract concluded between the provider and the customer.
  2. For the purposes of these GTC, the customer means any person who has ordered a service from the provider.
  3. Consumer means any person who enters into a contract with an entrepreneur or otherwise deals with him, outside the scope of his business activity or outside the scope of independent performance of his profession.
  4. For the purposes of these GTC, the service means consultations / individual and group programs / therapies / trainings / courses according to the provider’s offer.

II. CONTRACT CONCLUSION PROCESS

The contractual relationship (contract) between the provider and the customer arises as follows.

The Provider will send a proposal for the services provided to the Client by email or submit it in person. The contract is concluded at the time of payment of the invoice in the design of the service provided.

By paying the invoice for the services provided to the provider, the customer confirms that he has read the business conditions of the provider and that he agrees with them. The customer is sufficiently informed of these terms and conditions and has the opportunity and obligation to get acquainted with them on the provider’s website. In the case of concluding a contract, these terms and conditions become an integral part of it. The provision of services under the contract will begin no later than 3 days after payment of the invoice, unless otherwise agreed in writing. The day of payment of the invoice is considered to be the day of crediting the payment to the provider’s account. The Provider will not start any service unless the invoice for this service is fully paid.

The agreed conditions of the contractual relationship between the customer and the provider can be changed or canceled only on the basis of an explicit written agreement of both parties and further on the basis of the conditions specified in these GTC.

III. PROVIDED SERVICES

The Client acknowledges that he may be exposed to mental, physical, or emotional stress during the program.

Conditions for individual programs and consultations

The duration of one session of an individual program or consultation is 60 minutes. Individual program sessions take place every day or at other intervals agreed between the customer and the provider at the time specified in the draft contract for the provision of services via the WhatsApp application, by telephone, or in-person. The Provider has the right to unilaterally change the time of the program or consultation and is obliged to immediately inform the Client by telephone, text message, or email.

Conditions for group programs and consultations

The minimum number of clients is set for the group programs offered by the provider is 4. They take place every day at the same time specified in the draft contract for the provision of services via the Vsee application, by telephone, or in person. The Provider has the right to unilaterally change the time of the group program and is obliged to immediately inform the Client by telephone, text message, or email. The duration of one session of the group program is 90 minutes.
With less than 4 clients in the program, the duration of one session is 60 minutes.

IV. WITHDRAWAL FROM THE CONTRACT, BREACH OF THE CONTRACT, AMENDMENT OF THE CONTRACT

  1. In the case of concluding a contract in a distanced manner, the customer, if he is a consumer, has the right to withdraw from the relevant contract without giving a reason within 14 days. This period begins to run from the day following the day on which the contract was concluded (ie from the day following the date of delivery of the acceptance of the draft contract for the services provided to the provider). If the customer withdraws from the contract in accordance with the above conditions, the provider will return without undue delay, no later than 7 days from the date of receipt of the contract, all funds already paid from the customer in connection with the contract.
  2. In the event that the provision of services has already begun before the expiry of the 14-day period for withdrawal from the contract in the sense of the above, the customer will not be able to withdraw from this contract.
  3. The provider reserves the right not to start the agreed service and the right to withdraw from already concluded contracts. In such a case, the customer will be offered the service at a different date, or all / already paid funds will be returned to him/her.
  4. If the provider is prevented from providing the agreed service by an operational obstacle (especially the provider’s illness, care of a sick family member and care of a child under 10, accident at the place of performance, etc.) or force majeure, the provider is obliged to provide the agreed services in replacement dates.
  5. The customer is not entitled to financial compensation or a replacement date for the service provided in the event of obstacles arising on his / her side that prevent him from properly participating in the relevant service (eg change of time of the customer, illness, or change of other circumstances).
  6. In the event that the customer endangers the property or health of other participants in the provided service or the provider or will significantly disrupt the course of the provided service, the provider has the right to withdraw from the contract concluded with this customer without further notice. However, this does not affect the possible obligation of such a customer to compensate for the damage caused by his unlawful conduct. In the event that the provider has exercised the right to withdraw from the contract under this paragraph, the customer is obliged to pay a severance pay of 80% of the total price of the service provided.
  7. The Provider has the right to withdraw from the contract without further notice if the Client’s behavior during the provided service is gross and in direct conflict with decency and rules of civil cohabitation, i.e., if the Client commits serious moral declines during the provided service or criminal activities. This has no effect on the possible obligation of such a customer to compensate for damage caused by his unlawful conduct. In the event that the provider has exercised the right to withdraw from the contract under this paragraph, the customer is obliged to pay a severance pay of 80% of the total price of the training/course.
  8. In other cases, withdrawal from the contract will be governed by the relevant provisions of the Czech Civil Code.
  9. Force majeure, for the purposes of any contract, concluded between the provider and the customer, means an obstacle which has arisen independently of the will of the obligated contracting party and prevents it from fulfilling its obligation, unless it can be reasonably assumed that the obligated party would avert or overcome this obstacle or its consequences. , and that it would have foreseen this obstacle at the time the commitment arose. The contracting parties shall not be liable for the fulfillment of their obligations under the contract if they are prevented from fulfilling their obligation by an event caused by force majeure occurring after the signing of the contract and the obligated party has done everything reasonably required of it in such a situation. If the event of force majeure relates only to some of the part of the performance under the contract (part of the service provided), the previous sentence shall apply in relation to the obligations relating to that part of the performance under the contract. The Provider and/or the Client are entitled to withdraw from the contract with the effects of ex Nunc withdrawal in the event that a force majeure event occurs within the term or period of performance of each contract, or if it lasts longer than 14 days. For the purposes of each contract, force majeure shall be deemed to be cases which are not dependent on or controllable by the parties, which by their nature prevent the parties from fulfilling their obligations; force majeure means in particular:
    • natural disasters (floods, earthquakes, epidemics, pandemics, and similar situations threatening lives or health, etc.);
    • acts of the Government of the Czech Republic or a foreign government, acts of the ministries of the Government of the Czech Republic or a foreign government, acts of the Czech National Bank or another state body or institution of the Czech Republic or another state or body or institution, in whatever form;
    • natural disaster;
    • aircraft crash;
    • war, state of war, invasion, mobilization or embargo, etc .;
    • insurrection, revolution, rebellion, military regime, or civil war;
    • radioactive contamination from nuclear fuel or any other hazardous component of an explosive nuclear installation or component of such an installation;
    • chemical or biological pollution endangering lives or health caused by any person or facility;
    • terrorist attack.
    • adverse weather conditions;
    • any changes to generally binding legal regulations and standards;
    • inactivity of state bodies of the Czech Republic or another state;

V. CANCELLATION CONDITIONS

The Provider has the right to demand financial compensation in the event that the Client does not participate, or cancels its participation in the agreed services in these cases, and notifies the Provider in writing by mail or e-mail info@lenkacharvatova.cz:

• 5 calendar days before the start of the provision of agreed services – no cancellation fee
• 4-2 calendar days before the start of the provision of agreed services – cancellation fee 50% of the service price
• the day before the start of the provision of the agreed services – cancellation fee 100% of the service price

VI. COMPLIANT

  1. The period for exercising the rights arising from defective performance is 6 months.
  2. The subject of performance suffers from a defect if it does not meet the conditions agreed in the contract.
  3. The Client shall file a complaint with the Provider in writing at Opavská 63, 74775 Velké Heraltice or electronically at the email address info@lenkachavatova.cz, without undue delay, but no later than 2 working days after learning of this fact.
  4. Such a written complaint must contain the following information: name and surname/company, contact details, and description of the defect. Without the above requirements, the customer will not assess the complaint.
  5. The customer has the right to review the reasons for the complaint and, if he finds it justified, propose to the customer a solution to the complaint (eg enabling the transfer to another program or refunding the price of the service).
  6. The Provider, or an employee authorized by it, undertakes to handle complaints immediately, if possible, or within 5 working days. In more complex cases, the provider or an employee authorized by him shall decide on the complaint no later than 30 days from the delivery of the written notice specified above, unless he agrees with the customer on another deadline.
  7. The right to choose the method of eliminating the defect in the case of a recognized complaint belongs to the provider.
  8. Obstacles created on the part of the customer (eg change of his time possibilities, under which he signed up for the program or change of other circumstances) will not be recognized as a relevant reason.
  9. Cancellation of the program hour for reasons on the part of the provider will also not be recognized as a relevant reason for the complaint. He undertakes to provide a replacement date for the canceled program hours.

VII. OUT OF COURT SETTLEMENT OF CONSUMER DISPUTES

  1. Pursuant to Act No. 634/1992 Coll., On Consumer Protection, as amended, the Czech Trade Inspection Authority is responsible for the out-of-court settlement of consumer disputes. More information is available on the website www.coi.cz.
  2. Consumers shall be entitled to use the online dispute resolution platform to resolve consumer disputes, in the language of their choice. To do this, consumers can use the platform available at https://webgate.ec.europa.eu/odr.

VIII. LANGUAGE OF THE CONCLUSION OF THE CONTRACT, APPLICABLE LAW, PLACE OF COURT

  1. All contracts concluded between the customer and the provider are concluded in the Czech language and the legal relations arising from such contracts, as well as the legal relations arising from this GTC, will be governed exclusively by the law of the Czech Republic.
  2. In the event of disputes concerning the obligations arising from their contracts (or these GTC) or concerning legal relations which have arisen in connection with such contracts, the Provider and the Client shall make reasonable efforts to resolving these disputes by mutual agreement. In the event that these parties are unable to resolve their mutual dispute by agreement, then the courts of the Czech Republic have jurisdiction to resolve disputes. The jurisdiction of other courts is not allowed.

IX. DELIVERY

  1. All written communication between the provider and the customer will take place electronically to e-mail addresses, which the contracting parties will communicate to each other when concluding the contract, while the contracting parties acknowledge the authenticity of such messages. Messages sent to the specified email addresses are considered delivered on the day they were successfully sent to the given address.
  2. In the event that it will not be possible to deliver electronically via e-mail addresses, the parties will deliver the relevant documents via the postal service provider to the addresses specified in the header of the relevant contract.

X. GENERAL DECLARATION AND PROVISIONS ON LIABILITY

  1. No references or examples on the provider’s website and in its marketing materials are considered to be a guarantee that the customer will achieve the same or similar results. They reflect the real-life experiences of those who have used the provider’s products or services. These are results in individual cases and do not apply in general. The client’s success in the program depends on many factors, including his background, commitment, participation, desire, and motivation.
    • The customer is responsible for his own medical care and treatment.
    • The services, information, and guidance from the provider provide support for setting goals, setting priorities, and achieving results. Any decision made by the customer and the consequences of such decisions is his sole responsibility. The Provider is not responsible for the decisions and their consequences that the Client may make, nor for losses that may arise from any personal or business decision that the Client has ever made. The Provider shall not be liable for any damages, losses, injuries, or any liability for the Client or any third party as a result of relying on any information or instructions offered to it.
    • The customer understands that the information or instructions offered to him by the provider do not replace the consultation, diagnosis, and/or medical treatment of his doctor or health care provider.
    • The customer understands that specific questions or concerns regarding health and medicine are primarily addressed to their doctor or health care provider.
    • Under no circumstances should the client interrupt the treatment due to the information provided by the provider. Furthermore, the customer should never stop taking prescribed or recommended medications unless explicitly approved by the attending physician or health care provider. If the client thinks they have a health problem, they should seek medical attention immediately from their healthcare provider.
  2. We shall not be liable for any loss due to inaccuracies or incompleteness or for loss due to problems caused by or inherent dissemination of information via the Internet, such as disruption or interruption. When using web forms, we try to keep the number of required fields to a minimum.
    • The Provider does not accept any responsibility for the content of websites to or from which a hyperlink or other link is created. Products or services offered by third parties are subject to the applicable terms of those third parties.
      All intellectual property rights to the content on this website belong to the Provider.
      Copying, distribution, and any other use of these materials are not permitted without the written consent of the provider.

Nothing in this Liability Agreement limits or excludes any liability that may not be limited or excluded by applicable law.

XI. FINAL PROVISIONS

  1. The Provider reserves the right to unilaterally change and inform about this GTC in a timely manner and without undue delay, by means of a notice on its website.
  2. By ordering the services, the customer confirms that he has read these GTC and that he agrees with them without any reservations.
  3. The Client is acquainted with the fact that the services provided to him are intended exclusively for him and may not transfer the provision of services to a third party without the prior written consent of the Provider. The Client acknowledges that all materials provided to him during any of the programs are the intellectual property of the Provider and are subject to copyright protection.
  4. In the event that any provision of these GTC becomes invalid or unenforceable, it will not affect the validity or enforceability of other provisions.
  5. Unless these GTC or agreements between the provider and the client as contracting parties stipulate otherwise, the legal relations between the said contracting parties are governed by Act No. 89/2012 Coll., The Civil Code, as amended.
  6. This GTC comes into force and effect on January 1, 2021.

Mgr. Lenka Charvátová
IČ: 09648534
Opavská 63, 74775 Velké Heraltice, Česká republika