Terms and Conditions
for the provision of digital content
Below you will find the terms and conditions that apply to the provision of digital products (digital content), namely online courses, webinars, e-books and other digital content products that are delivered via the web interface www.diybarefootshoes.com.
I. IMPORTANT TERMS AND ABBREVIATIONS
These terms, which are capitalized in these Terms and Conditions, mean the following:
These Terms and Conditions.
MUDr. Karolína Částková
Registered in the Trade Register, ID: 11903449
Tax number: CZ8654262133
Registered office: Oldřichov v Hájích 206, 46331 Oldřichov v Hájích, Czech Republic
Telephone number: 00420776829323
Whoever enters into a Contract with me as Provider in respect of the Product. The User may be a business or a Consumer.
A natural person who, when concluding a Contract with me, acts outside the scope of his/her business activity or outside the scope of his/her independent exercise of his/her profession. If you provide your Business ID number on the Order Form, I will assume that you are entering into the Contract as a business and not as a Consumer.
The Digital Content Contract is between me as the Provider and you as the User and contains my obligation to make the Product available to you for your own use and your obligation to pay me the Price or provide me with your personal data. The Contract consists of Your Order, my Order Confirmation and these T&C. It is concluded in the Czech language, I archive it in electronic form and it is not accessible to you as a User (for you as a User, information on the concluded Contract will be contained in the confirmation of the concluded Contract, which I will send to you in accordance with these T&C).
An online course, webinar, e-book or other product with digital content that is the subject of a Contract concluded via the Web Interface. The Product can be either for a fee (where the Price represents my remuneration for making it available) or for free (where you provide me with your personal data instead of the Price).
A duly completed and submitted electronic order form which represents your proposal to enter into the Contract.
My fee for making available the Product selected by You as set out in the Order Form. It is payable in Euro, USD or GBP.
9. WEB INTERFACE
Web interface www.diybarefootshoes.com.
The website with the domain diybarefootshoes.com.
Act No. 89/2012 Coll., Civil Code, as amended.
As a User, you acknowledge that you use the digital content of the Products at your own risk and that it is up to you how you use the information and what results you achieve. As a Provider, I am not responsible for the results you experience in connection with your use of the Product, nor am I liable for any possible pecuniary or non-pecuniary damage. The digital content of the Products is not a substitute for health care.
III. INFORMATION ON THE WEBSITE
1. Any evaluation of the Products or me as a Provider (review) that appears on the Site comes from the person to whom the digital content of the Product was actually made available. As a Provider, I keep track of the users to whom individual Products have been made available and, in case of doubt, I will consult my records of confirmed orders to determine whether the person who provided me with the review actually made the Product available. In this way, the credibility of the reviews is verified. The Site may not list all reviews that are provided to me, but I will select those that I post.
2. For each Product, a description of the Product, what it includes, its price, when and for how long it will be made available, etc. is provided on the Site. These descriptions of the Products are informative and do not constitute a proposal for the conclusion of a contract, so the provisions of Section 1732(2) of the Civil Code do not apply.
IV. ORDER AND CONCLUSION OF THE CONTRACT
1. As a User, you order a Product via the Web Interface by submitting a duly completed electronic order form (Order). The Order Form contains basic information about the Product (name, when and for how long it will be made available to you, what is included, etc.) and its total Price.
2. Before submitting the Order Form, you can check and change the completed information. As the Provider, I rely on the truthfulness, accuracy and completeness of the information provided in the Order Form and I am not responsible for any false, incorrect or incomplete information. By pressing the "Order binding payment" button (for free Products by pressing the "Sign up for free" button), the order form completed by you is sent and you have made a binding order for the Product or a proposal to conclude the Contract.
3. I will confirm the acceptance of the Order by sending you an e-mail to your e-mail address indicated therein. Attached to this confirmation email is a summary of your Order and these POs in pdf or similar format. By delivery of this confirmation email, which also includes your express consent to commence performance before the expiry of the withdrawal period (see below in these T&C - "Withdrawal"), the Contract is concluded and this email also constitutes confirmation of its conclusion.
V. PRICE OF PRODUCTS AND METHOD OF PAYMENT
PRICE OF PRODUCTS
1. The Website contains the current prices of the Products, including VAT. I may change the prices of the Products, provided that the price that is current at the time of ordering the Product is always valid for you as a User. The current price of the Product listed on the Website may only be increased if you choose to pay the Price by instalments (see below). Due to the nature of the Products, you will not incur any shipping or other costs associated with making them available. The price stated in the order summary before the order form is submitted is therefore the final price.
2. Should there be an apparent error in the price quoted on the Website (e.g. a typo) or similar error in the process of entering into the Contract, I shall not be obliged to make the Product available to you at such apparently incorrect price and I shall be entitled to withdraw from the Contract in such a case.
3. the Product will not be made available for a fee until the Price has been paid in full and, in the case of staggered payment (see below), until the first instalment has been paid. The earliest the Product will be made available free of charge is upon conclusion of the Contract.
METHOD OF PAYMENT
4. The price can be paid in the following ways:
a) by bank transfer to my account,
b) online payment cards VISA, VISA Electron, Maestro, MasterCard,
5. In the case of the payment method mentioned under a) (bank transfer to your account), you will receive the payment details in the email confirming the acceptance of your Order.
6. The payment methods mentioned under b) (online credit card) are linked to the company's payment gateway Stripe. This company provides secure technology for accepting credit cards. All data during the payment process is entered through the secure and trusted channel of the above company and is not passed on to me by this company. You may direct your inquiries regarding these payment methods directly to the company contacts listed above.
7. In the case of bank transfer to my account, the Price is payable within 14 days of confirmation of acceptance of your Order (i.e. the conclusion of the Contract). The due date is specified in the payment instructions. The Price is paid when the relevant amount is credited to my bank account.
8. In the case of online payments by credit card, the Price is payable immediately upon conclusion of the Contract.
9. Upon receipt of payment, I will issue and send to your e-mail the relevant tax invoice.
PAYMENT IN INSTALMENTS
10. If this option is indicated on the Website for a particular Product, you may choose to pay the Price in instalments. In this case, the current price of the Product as shown on the Website may be increased. You will then see the total final Price in your order summary before it is shipped. If you pay the Price by instalments, you agree to pay all instalments by placing an Order.
11. In the event of default in payment of an instalment, I am entitled to make the digital content of the Product unavailable to You until the relevant instalment has been paid. This is without prejudice to your obligation to pay all instalments. In such a case, I may also by written notice to You immediately cancel the entire unpaid portion of the Price and demand payment of all remaining installments at once on the date specified in such notice, or terminate the Agreement. By withdrawing from the Contract, I shall not be obliged to reimburse you for any instalments paid prior to withdrawal.
VI. ACCESS TO DIGITAL PRODUCT CONTENT
METHOD OF MAKING DIGITAL CONTENT AVAILABLE
1. The digital content of the online course will be made available to you by sending the access details (username and password) for your user account to the member section of the Website to the email address provided in the Order.
2. The digital content of the webinar or the digital content of the free online course will be made available to you by sending a link to your electronic address provided in the Order, where the digital content can be downloaded or opened.
3. The digital content of the e-book will be made available to you in docx, pdf or similar format by sending it to your email address specified in the Order as an email attachment or as a link where the digital content can be downloaded or opened.
4. If a different method of making the digital content available on the Site for a particular Product is specified (e.g. by posting a link to a closed Facebook group where the digital content will be shared), the digital content will be made available to you in that different manner.
TIME OF MAKING THE DIGITAL CONTENT AVAILABLE
5. The Website may indicate a specific date on the Product when the Digital Content will be made available. In such case, the digital content of the Product will be made available to you on the date so notified in advance.
6. If this is not the case as set out in the preceding paragraph, the time at which the digital content is made available depends on the payment method chosen. In the event that you pay the Product Price by bank transfer to my account, the digital content will be made available to you within 3 working days of the Price being credited to my bank account. In the case of online payments by credit card or fast online transfer, the digital content will be made available to you as soon as the payment is made. The free digital content of the Product will be made available to you promptly after the conclusion of the Contract, unless this is the case as stated in the previous paragraph.
7. The Website may state that the digital content of the Product will be made available to you in stages, in instalments. In this case, the first part (module) of the digital content of the Product will be made available to You at the time specified in the preceding paragraphs and the other parts (modules) will be made available to You in turn according to the schedule announced in advance.
DURATION OF ACCESSIBILITY OF THE DIGITAL CONTENT
8. The Product may specify on the Website the period of time for which you will have access to the digital content. In such case, the digital content of the Product will be accessible to you for the period of time so notified in advance.
9. Unless the preceding paragraph applies, you have access to the Digital Content forever. This does not apply to webinars or free online courses where you only have access to the digital content on the date and time specified on the Site.
UPDATING DIGITAL CONTENT
10. The digital content of the Product will be made available to You in the latest version available at the time of entering into the Agreement, which will not be updated.
11. However, I will provide you with such updates as are necessary to keep the digital content of the Product free from defects for the duration of the Agreement or (in the case of digital content made available on a one-off basis for an indefinite period) to keep it free from defects for as long as you can reasonably expect it to be so. In such a case, I will notify you that an update is available, how you can make the update and that if you do not make the update, you will not have any rights in respect of any defect arising solely as a result of the failure to make the update. This does not apply if you acknowledge and expressly agree in the Order that I will not provide updates to the Digital Content once it is made available to you.
DIGITAL CONTENT FUNCTIONALITY, HARDWARE AND SOFTWARE
12. To be fully functional, the Digital Content requires you to have hardware and software that allows you to open and work with docx, pdf and similar documents, play video and audio files, an internet connection with sufficient connection speed and a working email inbox maintained in a state capable of receiving messages (digital environment).
13. You, as the User, are responsible for linking the digital content of the Product to your digital environment.
VII. COPYRIGHT AND CONFIDENTIALITY
1. The digital content of the Product is a work of authorship of which I, as the Provider, am the author. I make the digital content available to you as a User for your personal use. You may not redistribute it (or any part of it), whether in its original or modified form, without my prior express written consent, or allow others to use it.
2. You also have a duty of confidentiality with respect to information necessary to access your user account in the member section of the Site.
3. In the event of a breach of copyright or confidentiality obligations, I am entitled to make the digital content of the Product unavailable to you and to seek compensation for any damages incurred by me as a result of such breach. Furthermore, copyright infringement is punishable under the Copyright Act and under criminal law.
VIII. WITHDRAWAL FROM THE CONTRACT
(1) In general, if the contract is concluded by means of distance communication (i.e. including via the internet), the user who is a consumer has the right to withdraw from the contract without giving any reason within 14 days from the date of conclusion of the contract, pursuant to Section 1829 of the Civil Code. If (if you are ordering a paid Product) you tick the box "I agree to commence performance before the expiry of the withdrawal period and I acknowledge that my right to withdraw from the contract expires upon giving my consent" in the order form, you do not have the right to withdraw from the Contract without giving any reason and to a refund pursuant to Section 1837(l) CC.
2. In the event that the digital content of the Product is not made available to you within 14 days of the conclusion of the Contract and if you are a Consumer, you have the right to withdraw from the Contract without giving any reason within this 14-day period. The period is preserved if you send me a notice of withdrawal no later than the 14th day after the day on which the Contract was concluded. You can use the form below these T&Cs to withdraw. You may withdraw from the Contract by sending the completed form, or other text of similar wording, to any of my contact addresses listed above (email or registered office address) or by any unambiguous statement you make to me. You may withdraw from the Contract, the subject of which is the Free Product, by unsubscribing from my email database (you can unsubscribe by clicking on the relevant link found at the bottom of every email sent).
3. If the subject of the Contract is a paid Product, I will acknowledge receipt of the withdrawal notice promptly upon receipt. The price will then be refunded to you without undue delay, and no later than 14 days after withdrawal from the Contract, to the same account from which it was paid. The Price can only be refunded to you by other means if you agree to this and if you do not incur any additional costs. As withdrawal from the Contract without giving a reason is only possible if the digital content of the Product has not been made available to you, you will not incur any costs in returning it. Any costs that you may incur in connection with withdrawal from the Contract (e.g. costs associated with sending the withdrawal notice) are legally your responsibility.
4. As a User, you may also withdraw from the Agreement in other cases provided for by law or the Agreement. As a Provider, I am entitled to withdraw from the Agreement in the event of a material breach of your obligations under the Agreement, in particular in the event of unauthorised interference with the Web interface, breach of copyright, breach of confidentiality obligations and in other cases provided for by law. In the event of withdrawal from the Contract, I am entitled to immediately make the digital content of the Product unavailable to you and to claim compensation for damages if I have incurred damages as a result of the breach of your obligations.
5. As the Provider, I am also entitled to withdraw from the Contract due to the minimum capacity of registered users not being met or for other serious reasons. In this case, the Price will be refunded to you without undue delay, at the latest within 14 days of withdrawal from the Contract, unless we have expressly agreed to apply the payment to another Product of your choice. The Price will be refunded to the same account from which it was paid, unless we expressly agree otherwise.
6. Should the Price not be paid by You even within 10 days after the due date, the Contract shall be terminated automatically upon expiry of this period without the need for cancellation.
7. If a bonus is given to you as a gift together with the Product, the gift agreement between us is concluded with the condition that if the Contract is cancelled, the gift agreement shall cease to have effect. As a result, I am entitled to immediately revoke your access to the bonus or you are obliged to return the bonus to me without undue delay, at the latest within 14 days of withdrawal from the Contract. All bonuses are made available together with the availability of the Product, unless otherwise stated on the Website for the Product.
1. After making the Product available, please check the functionality and availability of its digital content as soon as possible and if you find any deficiencies or defects, please contact me so that I can make corrections. Digital Content may be temporarily unavailable for short periods of time due to data maintenance or server outages. The site may be updated without notice.
2. If you do not find the Product or access data in your email inbox at the time specified in these TOS (see "Digital Content Availability Time"), please check your "bulk" or "spam" folders first. If you do not find the Product or access data there either, please contact me so that I can make a correction.
3. In the event that the digital content of the Product does not conform to the Contract, you shall have rights under the applicable provisions of the CC.
4. You are not entitled to rights of defective performance in the event of defects caused by improper use or storage of the Product. In addition, you are not entitled to rights of defective performance in the event of failure to update (see above in these OP - "Updating of digital content"). I am also not liable for unavailability or other defects of the digital content in the event of an inadequate digital environment (i.e. in the event that you do not have the necessary hardware, software or network connection as specified in these OP - see "Functionality of digital content, hardware and software"). In order to verify whether the defect is due to a non-compliant digital environment, you have a legal obligation to provide me with the necessary cooperation to the extent that can reasonably be requested and can be provided by technically available means that are least disruptive to you. In the event of a refusal to cooperate, you shall only have rights under the defective performance if you prove that the digital content of the Product is not in conformity with the Contract.
5. You may exercise your rights of defective performance (claim) with me via the contacts listed above in these Terms and Conditions (email or registered office address).
X. COMPLAINT HANDLING, CONSUMER DISPUTE RESOLUTION
1. If you have a complaint about the Contract, its performance or my activities, please contact me at any of the contact addresses listed above in these Terms and Conditions.
2. The following authorities supervise my compliance with my obligations under the law: the Czech Trade Inspection Authority, the Trade Licensing Office in [place of business] and the Office for Personal Data Protection (if the obligations concern the processing of personal data).
3. Any dispute between me as the Provider and you as the User shall be resolved preferably amicably. If you are a Consumer and a dispute arises between us arising out of or in connection with the Contract, you have the right to resolve it out of court. In such a case, the Czech Trade Inspectorate is the subject of out-of-court settlement of consumer disputes. All details on out-of-court resolution are provided on the website of the Czech Trade Inspection Authority (www.coi.cz).
XI. FINAL PROVISIONS
1. These T&C are published on the Website and are directly referenced in the order forms for the Products. By submitting a completed order form via the Web interface, you confirm that you are aware of the content of the PO and that you agree to it. I will also send you these POs in pdf or similar format as an attachment to the email confirming your Order.
2. The Contract is concluded for a definite period of time, until the obligations of the Provider and the User arising from the Contract are fulfilled.
3. The contractual relationship between me as the Provider and you as the User is governed by the following legal regulations: the Civil Code and, if you are a Consumer, the Consumer Protection Act No. 634/1992 Coll., as amended.
4. As a Provider, I comply with the codes of conduct arising for me from the sector of my business, which are available [where - e.g. link to the website]. / As a Provider, I am not bound by any codes of conduct related to my line of business [alternatively, if there is no code of conduct in your line of business].
5. Please refer to the Personal Data Processing Policy in the Personal Data Processing Information published on the Website and directly referenced in the order forms for the Products.
6. If any provision of these T&Cs is or becomes invalid or ineffective, the invalid or ineffective provision will be replaced by a provision whose meaning is as close as possible to the invalid or ineffective provision. The invalidity or ineffectiveness of a provision of the GC shall not affect the validity and effectiveness of the other provisions of the GC.
7. I am entitled to unilaterally amend these T&C. For you as a User, the text of the Terms and Conditions effective on the date of your Order shall apply.
These T&C are effective from January 2, 2023.