General terms and conditions

1 These general terms and conditions (“GTC”) apply to the purchasing of services over the internet interface at www.online-koucink.cz. The operator of the website is Kateřina Fitaire, company number: 06177280, registered address Belgická 114/36, Prague 2 - 120 00 (“Provider”).

2 The services are purchased on the basis of a Purchase Contract concluded between the Provider (as Seller) and the Buyer. The process of concluding a Purchase Contract is described in detail in Article III of the GTC. The GTC is a document that forms an integral part of the Purchase Contract, explaining and setting out in detail the rights and obligations of both parties to the Purchase Contract, i.e. the Buyer and the Provider. Where the term “Contract” is used in the GTC, it means both the Purchase Contract and the Service Provision Contract. Arrangements that differ in the Purchase Contract or the Service Provision Contract from the provisions of the GTC shall take precedence (i.e. the text of the Contract takes precedence over the text of the GTC).

3 The GTC contains the information that you need before purchasing services from me as Provider. Please read the GTC carefully and if you have any comments or questions contact me before sending in your order (i.e. before clicking on the “SEND” button on the Form page). You can find the contact details in Article II of the GTC. When you click on the “SEND” button you are signalling to me that you have seen, read and agree to the purchasing and cooperation process described therein.

4 In the GTC you will find all of the relevant information. Here is a detailed description of the contents:

Contents of the GTC:

1 Introductory provisions and explanation of the purpose of the terms and conditions
2 Important terms (definitions)
3 Orders and the conclusion of a Contract
4 Prices of the products and services and payment
5 Delivery terms and cancellation of terms
6 Details of the functionality of digital content and how it works with hardware and software
7 Termination of a Contract
8 Warranties, rights in the event of defects, complaints procedure
9 Handling complaints, resolving consumer disputes
10 Final provisions

II Important terms (definitions)

PROVIDER (SELLER):

Kateřina Fitaire, company number: 06177280
registered address of the company: Belgická 114/36, Praha 2 - 120 00
email: katerina@online-koucink.cz
I am not registered for VAT.

BUYER

You become a Buyer when you conclude a Purchase Contract with me on the website www.online-koucink.cz, and thereby purchase one of the services listed on the website. As a Buyer you can be an entrepreneur (self-employed natural person or legal person) or a consumer. In the following text the terms Client and Buyer will have the same meaning.

CONSUMER

According to the law, a consumer is a natural person who is not acting within the framework of their business activities or activities as a self-employed person. If you are a natural person and you provide a company number in an order (by email or online), I will understand that you are concluding the Contract as an entrepreneur and not as a consumer.

CONTRACTS CONCLUDED REMOTELY

These are Contracts concluded via a MEANS OF REMOTE COMMUNICATION, i.e. concluded without the Provider and the Seller having to meet in person in order to conclude the contract, because they are concluding it via a website or via a mail communication, over the telephone or using a similar means of communication. You pay the costs associated with using the means of remote communication (mainly the costs for internet connectivity or telephone calls) yourself and they are not distinct from the general rates charged by your operator or internet connectivity provider. In placing an order you are expressly agreeing to the use of a means of remote communication.

GOVERNING LAWS AND REGULATIONS

These are the legal provisions that govern the relationship between the Buyer and the Provider. They include, without limitation, Act No 89/2012, the Civil Code (“NCC”) and also, in cases where the Buyer is a consumer, Act No 634/1992 on consumer protection. The protection of personal data is governed mainly by Act No 101/2000 on personal data protection.

III Orders and the conclusion of a Contract

1 As a client you can order services either over the telephone, via a contact form or on the website, i.e. through the ordering system on the website by filling in the required information.

2 You can find all of my services on the website www.online-koucink.cz with a detailed description of their form and content. All presentations of services set out on the website are for information only. I am not obliged, as the Provider, to conclude a Contract concerning these services. The provisions of Section 1732(2) NCC will not be used.

3 Services can be ordered via the website using the contact form, where you can fill in your contact details (name and surname and email address) as a Buyer and specify your requirements.

I will confirm receipt of your order by email to the address you provide in the form. A confirmation of receipt of an order will be sent within two working days and I cannot be deemed to have accepted an order until it has been expressly stated in such a confirmation. The Contract on the provision of services is concluded upon the delivery of a Summary email with the Coaching terms and conditions to your email address as stated in the contact form. Any amendments to a concluded Contract (including the cancellation of a session) can be made only upon mutual agreement with me.

In case of doubt, I can contact you in order to verify that your order is genuine and if the order cannot be verified it shall be deemed never to have been made, and I shall disregard it from that point onwards.

Services can be ordered via the website or via email 24 hours a day, 7 days a week. Please note, however, that, in exceptional circumstances, the website may be temporarily unavailable due to essential maintenance work or circumstances beyond my control such as outages in connections.

4 Contracts and the GTC are concluded in the Czech language. Contracts are concluded in electronic form, and they shall comprise your order, my acceptance and these GTC. I store contracts in electronic form; they shall not be accessible.

IV Prices of services and payment

1 An Approximate price is provided for individual service items on the website. The Approximate price may be adjusted according to the length of the purchased session, its level of difficulty, form, etc. Where Final Prices are stated, they shall apply for the whole period in which they are mentioned on the website.

2 The agreed purchase price (“Price”) is the price stated in the Summary email with the Coaching terms and conditions. Where there is a manifest error in the price stated on the website (in the sense of a typographical error or an error in inputting the prices) or a similar error in the process of concluding a Contract, then I shall not be obliged to supply you with the service at such a manifestly erroneous price, even when the order has been automatically accepted. I shall be entitled to rescind the Contract even if you have already paid the manifestly erroneous price. If the price changes in the time between you sending your order and my confirmation of the order, the applicable price shall be the price at the time of sending the order, unless expressly agreed otherwise between us.

3 I shall be obliged to provide the service to you only after the agreed price has been paid in full unless expressly agreed otherwise between us.

4 PAYMENT METHOD. The agreed price can be paid in the following way:

Payment by bank transfer
Bank transfer is the preferred and currently the only available payment method.

Bank account of payment recipient: 123-3195130297/0100
Bank: Komerční banka, a.s.
IBAN: CZ2701000001233195130297
SWIFT: KOMBCZPPXXX

For the variable symbol (payment identifier) please state: see the Summary email on the Coaching terms and conditions
Total price:see the Summary email on the Coaching terms and conditions

V Terms and conditions of supply of the services

METHOD OF SUPPLY OF A SERVICE - For online video calls we will agree in advance on the preferred platform, e.g. Zoom, Skype, WhatsApp, FaceTime or others. The Client sets up the video call, i.e. calls the Provider of the service.
The introductory session is free and lasts 30 minutes. I provide a session free of charge only once and in cases where the Client does not know me.

If the Client cancels a session less than 24 hours in advance this will result in losing/forfeiting the lesson. If a session is cancelled more than 24 hours before it is due to take place the Client will have the option of a replacement session in the following 30 days.

If the service Provider cancels a session, the Client shall be entitled to a replacement in the following 30 days.

VI Requirements for the internet connection and its compatibility with the hardware and software

1 Clients must check the quality and speed of their internet connection (or LTE availability) so that video calls can be conducted smoothly and with good sound and image quality.

An internet connection of around 50Mbps download is recommended, 600kbps (up/down) for 1:1 video calls, 1.2Mbps (up/down) for high-quality video and up to 1.8Mbps (up/down ) for 720p HD video and sharing 1080p HD video.

2 The service provided is protected by copyright and it cannot be recorded, further distributed or made available for use by any third parties without my express consent. The service is intended for the personal use of the Client.

3 I declare that I will not record anything within the context of a session without the Client’s express consent. I maintain strict confidentiality about information provided during sessions.

VII Termination of a Contract

As the subject matter of the Purchase Contract is the provision services, the Buyer gives explicit consent for the service to be provided to them before the expiry of the termination (rescission) period and at the same time acknowledges that in this case they have no right to terminate (rescind) the Contract (Section 1837 point l NCC).

VIII Warranties, rights in the event of defects, complaints procedure

1 The rights arising from defective performance are governed by the applicable law, in particular Sections 1914 to 1925, Sections 2099 to 2112 and Sections 2165 to 2174 NCC.

If you are not satisfied with the service provided (i.e. you are complaining about defects in the service), please express your reservations without undue delay. I will refund money to you to the account from which I received it. I will return money only after the first session.

IX Disclaimer

All the services are intended for educational and informational purposes in the areas of online coaching, online business, online yoga and meditation, and personal development. The information I provide comprises only guidance and recommendations. They are tools for personal development, they do not constitute therapy. I am not in any way responsible for your success or failure in their application in practice, for your feelings, health or states of mind that you may experience. You have full capacity and are fully responsible for your actions, behaviour, and decisions throughout the video calls. Your success depends on a number of other factors that we cannot influence, such as your skills, possibilities, knowledge, abilities, dedication, situation on the market, business knowledge, health, etc.

X Complaint handling, consumer dispute resolution

1 If you have a complaint about a concluded Contract, its performance or our activities, please contact me at the address given in Article II of the GTC.

2 I operate my business on the basis of a trade license (živnostenský list) and the supervisory body is the competent trades licensing authority whilst the Czech Trade Inspection Authority supervises compliance with consumer protection regulations. Compliance with personal data protection legislation is supervised by the Czech Office for Personal Data Protection. You can also turn to these authorities with your complaints.

3 If there is a consumer dispute between me as the Provider and a Consumer, the Consumer has the right to an out-of-court settlement. Under Act No 634/1992 on consumer protection, the entity for out-of-court settlements is the Czech Trade Inspection Authority. All the details on out-of-court settlements 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/.

XI Final provisions

1 Contracts are concluded for a definite period of time, until the obligations of the Provider and the Buyer arising from the Contract have been fulfilled.

2 The personal data protection policy is stated in a separate document, which you can find HERE.

3 Please note that I may change these GTC unilaterally, but the version of the terms and conditions effective at the time of sending in the order shall always apply for the Buyer.

4 These GTC are effective from 22 January 2021.