General Terms and Conditions

2. ORDERING THE PRODUCT AND CONCLUDING THE PURCHASE CONTRACT

A condition for the validity of an electronic order is the completion of all the prescribed data and formalities required when filling in the order. The Buyer’s email address entered in the order shall be used for the delivery of all information to the Buyer and shall be considered a durable medium within the meaning of § 2 par. 7 of Act No. 102/2014 Coll. 102/2014 Coll. on consumer protection in the sale of goods or provision of services under a distance contract or a contract concluded away from the seller’s premises, as amended (hereinafter referred to as “Act No. 102/2014 Coll.”).

The order is a draft purchase contract. The Purchase Contract shall be deemed to have been concluded by the Seller’s binding acceptance of the proposal to conclude the Purchase Contract. Binding acceptance of the order by the Seller is understood to be a notification of the registration of the order sent to the e-mail address of the Buyer. By placing an order, the Buyer accepts the terms and conditions for delivery of the product declared by the Seller. The relationship between the Buyer and the Seller shall be governed by these Terms and Conditions, which shall be binding on both parties, unless otherwise stipulated in the Contract.

If the ordered product is electronic content pursuant to § 2 par. 8 of Act No. 102/2014 Coll., such electronic content is protected by the relevant provisions of Act No. 185/2015 Coll. Copyright Act, as amended (hereinafter referred to as the “Copyright Act”), its author is the Seller and by entering into the Purchase Agreement the Buyer agrees to the license terms and conditions for this electronic content, where the Seller acts as a licensor and the Buyer as a licensee, and acknowledges that the relevant provisions of the Copyright Act apply to this electronic content.

LICENSING TERMS

1. a) The Provider grants the Acquirer a non-exclusive right to create and store a reasonable number of copies of the electronic content in question, which the Acquirer may view and make reasonable use of or otherwise display, without limitation as to the number of such uses, solely for the Acquirer’s own non-commercial use. The Acquirer may use the Provider’s Electronic Content on any device that permits such use, and the Provider makes no warranty as to the usability of its Electronic Content on any device.
2. b) The Acquirer shall not resell, rent, lease, loan, in any way distribute, transmit, broadcast, sublicense, or in any other way grant such rights to any other person, in whole or in part, in respect of the Electronic Content in question. The acquirer is further obliged to preserve the provider’s attribution markings on the electronic content in question. The Acquirer also undertakes not to allow any infringement of the Provider’s copyrights in the electronic content in question by other persons and undertakes to notify the Provider of any such infringements.
3. c) The Acquirer acknowledges that payment of the purchase price for the Electronic Content does not transfer to the Acquirer any of the rights and obligations of the author under the Copyright Act, other than those applicable to the fair use of such Electronic Content in accordance with these License Terms and the Copyright Act.

3. PRICE OF PRODUCTS

The prices for the products listed on the Seller’s website are current and valid at the time of ordering the goods. The buyer will receive the goods at the price valid at the time of ordering. The Seller reserves the right to correct obvious printing errors. The purchase price will be considered paid only after the full purchase price has been credited to the Seller’s account. The invoice issued on the basis of the purchase contract between the Seller and the Buyer is at the same time a tax document and is sent to the Buyer electronically.

The use of the product by the buyer is only possible after full payment, unless otherwise agreed. If the Buyer fails to pay the Seller the purchase price for the Goods in the amount and under the terms and conditions agreed in the Purchase Contract, the Seller shall be entitled to withdraw from the Purchase Contract. In the case of payment by bank transfer in advance to the account, the delivery period begins on the day the payment is credited to the Seller’s account. The delivery period may be extended in proportion to the circumstances if the delay is due to circumstances not attributable to the Seller.

4. FORM OF PAYMENT

Payment for the ordered services is one-time, i.e. the buyer pays immediately after sending the order form, respectively. no later than 3 days after receipt of the Seller’s payment details email, unless otherwise agreed.

5. METHOD OF PAYMENT

By bank transfer within 3 days of receipt of the email with payment details.

6. INFORMATION ON THE POSSIBILITY OF WITHDRAWAL FROM THE CONTRACT AND COMPLAINT

The Buyer is entitled to withdraw from the Purchase Contract within fourteen (14) calendar days from the purchase of the Product without giving any reason in accordance with § 7 par. 1 of Act No. 102/2014 Coll. The buyer is obliged to notify the seller of the withdrawal from the contract, indicating the invoice number under which the product was purchased and the account number to which he wants to return the money. Withdrawal can be made electronically by sending an email to the Seller’s email address: www.up-great-coaching.com.

If the buyer withdraws from the contract via email, he is obliged to request a reading of the email from the seller. The Seller is then obliged to provide the Seller with a confirmation of such withdrawal within 7 days after receipt of such withdrawal.

The Seller is obliged to return to the Buyer without undue delay, at the latest within 14 days from the date of receipt of a justified notice of withdrawal from the Contract, all payments received from the Buyer on the basis of or in connection with the Contract.

The complaint must be filed by the buyer with the seller. The Buyer is obliged to file a claim electronically at the Seller’s email address www.up-great-coaching.com

The same address is also intended for any complaints and complaints in relation to the concluded contract.

The Seller shall issue an e-mail confirmation to the Buyer within 7 days after the claim has been made.

Under the seller’s liability for defects in the goods sold, the buyer has the following rights:

If it is a defect that can be rectified, the buyer has the right to have it rectified free of charge, in a timely and proper manner. The Seller is obliged to remove the defect without undue delay. Instead of removing the defect, the buyer may request the online replacement of the product or, if the defect relates only to a part of the item, the replacement of the part, provided that the seller does not incur disproportionate costs in relation to the price of the product or the severity of the defect.

If there is a defect which cannot be remedied and which prevents the proper use of the online product as a product without defect, the buyer has the right to exchange the online product or has the right to withdraw from the contract. The buyer has the same rights if the defects are repairable, but for which the buyer cannot properly use the goods due to the reoccurrence of defects after repair or a greater number of defects. If there are other irremediable defects, the buyer is entitled to a reasonable discount on the price of the goods.

The Seller is obliged to determine the method of handling the complaint immediately, in complex cases no later than 7 working days from the date of the complaint, in justified cases no later than 30 days from the date of the complaint. Once the method of handling the complaint has been determined, the complaint shall be handled immediately; in justified cases, the complaint may also be handled at a later date; however, the handling of the buyer-consumer’s complaint shall not take longer than 30 days from the date of filing the complaint. This period of 30 days for processing the complaint is not binding on the buyer, whose relationship with the seller is governed by the Commercial Code.

The provisions of the Civil Code, Act no. 250/2007 Coll. on consumer protection as amended and Act no. 102/2014 Coll. on consumer protection in the sale of goods or provision of services under a distance contract or a contract concluded outside the seller’s business premises.

Once one-off consultations or consultation packages have been delivered, no subsequent claim is possible. In the case of packages, it is possible to refund the price difference for unused consultations if the buyer requests it by email to www.up-great-coaching.com no later than 15 days before the expiration of the deadline for their use (in the case of a package of consultations within 6 months from the date of purchase of the service). In this case, the price difference is calculated as the package price minus the actual price of the one-off consultation x the number of consultations used. The Seller shall reimburse the Buyer for the difference in price within 15 days of the request.

7. ADDITIONAL LEHOTE

The delivery time for online products follows the turnaround time after receipt of payment by the seller or within the deadline that is clearly written on the sales page of the product. The buyer will be emailed accesses to online products or progress information. On the day following the date of delivery of the online products and tickets, the 14-day withdrawal period in accordance with § 7 para. 1 of Act No. 102/2014 Z.z.

The delivery time for telephone consultations is on the date booked by the buyer on the website:https://calendly.com/monika-brugerova/30min. The delivery time for a one-time consultation is no later than 30 days after the order is placed, after which the possibility of its use is forfeited. The delivery time for consultation packages is no later than 6 months from the date of purchase, after which the possibility of using them is forfeited.

8. FINAL PROVISIONS

These terms and conditions shall apply as stated on the Seller’s website on the date of sending the electronic order in the absence of any other written agreement between the parties. By sending an electronic order, the buyer accepts without reservation all the provisions of the terms and conditions as in force on the date of sending the order, the valid price of the ordered goods listed in the price list on the website, unless it has been demonstrably agreed otherwise in a particular case.

Relations between the two parties that are not regulated by the General Terms and Conditions shall be governed by the relevant provisions of Act no. 40/1964 Zb. Civil Code as amended, Act no. 250/2007 Coll. on consumer protection as amended and Act no. 102/2014 Coll. on consumer protection in the sale of goods or provision of services under a distance contract or a contract concluded outside the seller’s business premises, Act No. 22/2004 Coll. on electronic commerce, as amended, or other legal regulations of the Slovak legal order. If the buyer is an entrepreneur, the relationship between them and the seller is governed by the Commercial Code.

The Seller and the Buyer agree that they fully accept the electronic form of communication, in particular via electronic mail and the Internet, as valid and binding for both parties.

These terms and conditions enter into force on 1.1.2024.