General terms and conditions
Dipl.Ing. Eliska Podlesakova
Identification no.: 05710936
located at: Vodnanska 486, 384 11 Netolice, Czech Republic
Article no. I Introductory terms
1. These general terms and conditions (further referred to as “GTC” only) form an integral part of the contract concluded between the client and Dipl.Ing. Eliska Podlesakova.
2. The contract between the client and Dipl.Ing. Eliska Podlesakova. is concluded on the basis of a written order of the courses offered by Dipl.Ing. Eliska Podlesakova (mandatory application), and that is via a confirmation of the order by Dipl.Ing. Eliska Podlesakova. An e- mail is also considered as a written form.
3. Dipl.Ing. Eliska Podlesakova will confirm an order made by a client within 2 working days from its receipt.
4. If Dipl.Ing. Eliska Podlesakova does not confirm the order within the prescribed period, the order is not considered as accepted and a contract cannot be concluded. A dispatch of a confirmation e-mail to the client´s given address, handing over a copy of the order to the ordering party or forwarding proof of payment for the course are also considered as an order confirmation.
5. The agreed conditions of the contractual relationship can be changed or cancelled only by an explicit arrangement of both parties and under the terms of these General Terms and Conditions.
6. Orders can be made on the supplier’s website through an application form, or via e-mail; in case of making orders via e-mail, client must include: name, surname, date of birth, address of permanent or temporary residence, and further specification of the ordered course. If the client is a legal person, the client is obliged to provide the company´s name, trade number and address of the legal entity.
7. In case of e-mail orders, the supplier will send a copy of these GTC together with the order confirmation.
Article no. II General Terms and conditions of provision of services
1.The supplier commits to complying with these conditions of courses provision in terms of course timing and scope, price, quality, performance and tutor provision. Other obligations of the supplier and the client are specified in other sections of these terms and conditions.
2. Client is obliged to accept the ordered course and pay for it in the full amount and on time.
Article no. III The courses timetable establishment
- The lessons take place in days and times determined in the order. The length of a lesson is either 50 or 90 minutes, unless stated otherwise in the order.
- The supplier is obliged to arrange a tutor for a client within a maximum of 7 days from the receipt of course payment, unless both parties agree on different terms. The supplier reserves the right to postpone commencement of the course for one week if it is unavoidable due to technical reasons.
- In case that course cannot start for serious reasons, the supplier is entitled to a decision for an alternative method of providing the course after a previous agreement with the client.
- Each individual order is valid for 6 months from the date of order. Until then it is compulsory to use up all the prepaid lessons of the order. Lessons that are not used up by the client or by the person designated by the client within the 6 months period will expire and the client is not entitled to these lessons or to any financial compensation from Dipl.Ing. Eliska Podlesakova.
- The date and time of actual lessons shall be determined on the basis of a previous agreement between the assigned tutor and client, always at least 24 hours before the lesson. The date and hour of lessons are determined either by e-mail, telephone call or via Skype, alternatively at the end of each lesson provided by the tutor to the client.
- Lessons begin when Dipl.Ing. Eliska Podlesakova contacts the customer via Skype at a time pre-agreed between Dipl.Ing.Eliska Podlesakova and the customer in accordance with the preceding paragraph. If the client is not connected at the agreed time, the tutor will wait for 10 minutes. The client, however, must be aware that his lesson will not be extended and will be paid in full. The same applies in a situation when the client does not log in within the already mentioned period of 10 minutes after start of the arranged lesson.
- If a client cancels an already ordered lesson more than 24 hours before its start, the client can arrange an alternative date for the lesson. The client will not lose a lesson cancelled such way and will not be charged for it. However, this does not apply in the event of the cancellation of an already ordered lesson for the second time in a row, in which case one lesson expires and the client is be charged for it in full. In case of more consecutive cancellations of lessons this rule will apply to every other cancelled lesson. (e.g.: In the case of 4 consecutively cancelled ordered lessons, the client will be charged for the 2nd and 4th lesson in full).
- In case a client cancels a lesson less than 24 hours in advance, the lesson will be charged in full.
- The client is entitled to make recordings of lessons for future use with the prior consent of the tutor. The supplier declares that the tutor will not withhold a grant to his/her consent with the recording without a serious reason. In the case of recording of a lesson the client is entitled to use that copy solely and exclusively for his/her own purposes and not to provide it to third parties. The same applies in case of notes written and sent after each lesson by the tutor to the client´s e-mail.
Article no. IV Course fee
- The price of an actual language course (the course fee) is determined based on the client´s order according to the specifications of the course and its pricing options.
- The course fee includes the appropriate number of lessons (according to the specifications of the order) and study materials not owned by the supplier.
Article no. VI Payment conditions
- A client is required to pay for the ordered language course within 5 days from ordering of the language course, or before the commencement of the ordered course the latest and that is via money transfer onto the bank account of Dipl.Ing. Eliska Podlesakova, stated in the issued invoice – the tax document (further referred to as “the course fee“).
- An invoice is issued for every course fee full payment (depending on the order) by the supplier immediately after a confirmation of the course order and it is sent out to the client´s e-mail address, stated in the order.
- In case either of the contractual parties fails to pay any of the payments properly and on time, it is then bound to pay an interest of 0.1% of the outstanding amount for every commencing day of delay. A late payment is first used to cover the interests of the delayed transaction and the rest to cover the actual debt (the principal sum).
- The course fee can be paid by bank transfer to the supplier´s bank account. The client can choose three different currencies for his bank transfer - CZK, USD, EUR.
- The client can choose for payment one of these bank accounts according to the currency of the transaction:
a. 90530717/5500 (for payments in CZK)
b. 2301155152/2010 (for payments in EUR) - SWIFT/BIC: FIOBCZPPXXX, IBAN: CZ0520100000002301155152
c. 2201155147/2010 (for payments USD) - SWIFT/BIC: FIOBCZPPXXX, IBAN: CZ9620100000002201155147
Article no. VI The lesson quality and provision of tutors
- The supplier commits to secure lessons according to the specifications of the client´s order.
- The supplier commits to secure that the lessons will take place on the agreed days and times.
Article no. VII Refund claims
- If a client is not satisfied with the quality of the lesson, he/she is obliged to inform the supplier in writing about this, while of course specifying explicitly where he/she finds deficiencies in the service provided by the supplier (should be sent by e-mail).
- The supplier reserves the right to review the reasons for the complaint and suggest a possible solution.
- The supplier, respectively the person in charge, is committed to decide on a refund immediately in complicated cases within three working days of receipt of a complaint. Claims for refunds, including the removal of defects must be settled without undue delay, i.e., within two weeks from the date of application of the claim, unless the Client and the Supplier have agreed on a longer period.
Article no. VIII Refunds
- Obstacles incurred by client will not be considered as relevant reasons for a refund claim. This primarily applies to changes in the time availability, a loss of purpose to attend a course in the light of changed circumstances under which the client had reserved the course, technical problems involving a lack of facilities, respectively, an insufficient access to internet.
- In case of sudden health problems lasting longer than six weeks a client induces an entitlement to interruption of the language course until another term. This fact must be declared by the client by a relevant document from the doctor (a sick note, etc.) as soon as possible, i.e., no later than two weeks after the last lesson provided. In case a client encounters a delay in producing the documenting facts as stated above, it will not be taken into account, which the client is aware of and agrees with.
- The supplier shall not be held responsible for failure to comply with orders that have occurred as a result of superior powers.
- A cancellation of a lesson by the supplier is also not recognized as a relevant reason for a refund. The supplier is in such cases obliged to provide alternative dates for lessons.
Article no. IX Deadlines of the refund procedure
- A refund claim may be made no later than by the beginning of a third lesson after the start of the course, which the client is aware of and agrees with. In justifiable cases a refund claim may be raised even after this term.
- Claims arising from liability for defects expire if not exercised properly and on time.
Article no. X Breach of contract, contract withdrawal
- In case of withdrawal of the client from the course prior to its commencement, i.e.: after the supplier´s confirmation of an obligatory registration is made as well as the payment of course fees, but it is still before the actual start of a course (lessons), a part of the course fee, the amount of USD 40/ EUR 37/ CZK 1,000, is not refundable.
- A client’s withdrawal from a course after its start, i.e.: after the first lesson induces the supplier´s entitlement to a cancellation fee of 50% of the remaining amount of the fee.
- In the event of withdrawal from a properly ordered and paid course at a second lesson the customer has no right to receive a full or partial refund for the course. The course fee, however, may be transferred to another term or a different course date may be negotiated with the supplier. If the client insists on the withdrawal from the course, the cancellation conditions of Article no. X, paragraph 2 of the GTC will apply.
- In case of a course fee transfer into a following period, according to Article no. VIII and no. X of the GTC, the client is required to use up the remaining amount within 6 months from the agreement on the course transfer into the next period according to the previous paragraph.
- In the case of electronic orders (i.e.: ordering the course via email or using the application form on the supplier’s website), the client, if in the position of a consumer, has the right to withdraw from the contract within 14 days without giving any reasons. This period starts from the day following that in which the contract is concluded (i.e.: the day following the day on which the client sent his order to the supplier and the supplier confirmed the receipt of such). Sending out the withdrawal from the contract to the supplier within this deadline is sufficient. If a client withdraws from a language course in accordance with the above terms and conditions of the contract, the supplier agrees to return all payments received from the client, related to this contract without any delay, within 14 days from the date the contractor received the withdrawal, and that is via the same means unless the parties agree otherwise.
- In case the provision of course had already commenced before the expiry of the 14-day deadline for the withdrawal within the meaning of paragraph no.5, it happened based on an explicit request (that is on the basis of the respective order) of the client, the client is in such case obliged to pay the supplier a proportion of the course fee corresponding to the price of services already provided to the client.
- In the case all ordered services are used up before the expiry of the 14-day deadline for the withdrawal within the meaning of paragraph 5, it happened based on an explicit request (that is on the basis of the respective order) of the client and in this case, the client has no right to withdraw from the contract according to paragraph 5 of this Article.
- A request for a change in orders, including a withdrawal from the contract, must be sent by the client to the supplier always in writing or by e-mail. The request for a change in order is considered accepted once the supplier confirms its receipt in writing. The supplier agrees to acknowledge a receipt within 24 hours of its receipt.
Article no. XI Personal data of clients
- By signing or sending an order, a client provides the supplier with his/her personal data: name, surname, email address, telephone number, year of birth / date of birth / personal identification number and address. If a subsequent change occurs in these contact details, the client is obliged to notify the supplier about this no later than within 7 days.
- By signing or sending an order, a client confirms that the provided personal data are accurate and truthful and agrees with a provision of his/her name, phone number and e-mail addresses to the tutor who will lead his/her study.
- The supplier commits to treat the personal information in accordance with law no. 101/2000 Coll., On Personal Data Protection (further referred to as “Law on the Protection of Personal Data”), as subsequently amended.
- A client has the right of access to their personal data, the right to correct, update and add information, including other legal rights to these data, in particular the right to an explanation within the meaning of § 21 of the Act on the Protection of Personal Data and the removal of defective condition. The client has the right to temporarily or permanently stop the processing of personal data or their removal except in cases where such processing is necessary for the execution of a concluded contract, and that is in the form of a written statement disagreeing with the processing of personal data (via e-mail or post to an address specified in these GTC).
Article no. XII Final terms
- If these terms and conditions or arrangements of the parties do not state otherwise, the legal relations between the parties abide by the relevant provisions of Law no. 89/2012 Coll., The Civil Code, as subsequently amended.
- The text of these terms and conditions is binding for the contractual parties.
- These trading terms and conditions were issued in compliance with the civil code and are fully valid and effective from 7rd February 2017.