LaMajja PRO s.r.o.
with registered office at K Řípu 2653, 413 01 Roudnice nad Labem
ID: 10960937
(registered in the Commercial Register maintained by the Regional Court in Ústí nad Labem, Section C, Insert 47292) for the sale of online courses (digital content) via the websites www.lamajja.online
I. Introductory Provisions
- These terms and conditions (hereinafter referred to as “Terms and Conditions”) of the company LaMajja PRO s.r.o. (hereinafter referred to as “Provider” or “Seller”), with registered office at K Řípu 2653, 413 01 Roudnice nad Labem, ID No.: 10960937, regulate in accordance with Act No. 89/2012 Coll, Civil Code (hereinafter referred to as the “Civil Code”), the rights and obligations arising in connection with the conclusion of a contract for the provision of digital content (hereinafter referred to as the “Contract”) between the Provider and another natural or legal person (hereinafter referred to as the “Buyer”) through the interface on the websites www.lamajja.online (hereinafter referred to as the “Web Interface”).
- For the purposes of these Terms and Conditions, online courses or other content made available electronically is referred to as “Digital Content”. These Terms and Conditions do not apply to the sale of physical goods or other types of services unless expressly stated otherwise.
- Provisions deviating from these Terms and Conditions may be agreed in the Contract. Deviating provisions in the Contract shall prevail over the wording of these Terms and Conditions.
- The Terms and Conditions are an integral part of the Contract. The Contract may be concluded in the Czech language, or in another language if the Parties so agree.
- The Provider may change or supplement the wording of the Terms and Conditions, while such changes shall not affect the already concluded Contracts.
II. Definition of terms
- The buyer is a consumer or entrepreneur:
- A consumer is any person who enters into a Contract with the Provider outside the scope of their business or profession.
- An entrepreneur is a person who acts in the course of his or her business or other entrepreneurial activity. If the Buyer indicates his/her business name in the order, he/she acknowledges that the provisions on entrepreneur apply to him/her.
- Digital content (on-line course) is mainly a video, audio, text or other electronic file, or a set of educational materials made available on-line upon payment of a price.
- The contract is concluded at the moment when the Buyer receives from the Provider the confirmation of his order (acceptance). From this moment, mutual rights and obligations arise between the Parties.
III. User account
- On the basis of the registration made in the web interface, the Buyer can access the user interface (hereinafter referred to as the “user account”), from where the digital content can be ordered and used after payment.
- During registration and ordering, the Buyer is obliged to provide complete and truthful data. The Buyer is obliged to update the data entered in the user account upon any change.
- Access to the user account is protected by login data, which the Buyer is obliged to keep secret. The Provider shall not be liable for damages resulting from misuse of the login data.
- The Provider reserves the right to cancel the user account if the Buyer does not use it for more than 1 year or if the Buyer breaches his/her obligations under the Contract (including these Terms and Conditions).
IV. Conclusion of the contract
- The web interface contains a description of the digital content (course) offered and the price for making it available. The prices are inclusive of value added tax (VAT), if the Provider is a taxpayer.
- To order, the Buyer selects a course (digital content), fills in the order form including payment details and submits the order. The Buyer has the opportunity to check the order and correct any incorrect information before sending it.
- The contractual relationship (the Contract) is concluded at the moment of receipt of the order acceptance (acceptance), which the Provider sends to the Buyer by e-mail to the e-mail specified in the order or in the user account.
- The Buyer agrees to the use of remote means of communication (internet), with the costs of connection being borne by the Buyer.
V. Price and payment terms
- The Buyer can pay the price of the digital content (course) in the following ways:
- By wire transfer to the Provider’s account.
- By credit card online through a payment gateway.
- The purchase price is payable within 1 day of the conclusion of the Contract, unless otherwise stated (e.g. in the payment instructions). The Digital Content shall be made available only after payment has been credited to the Provider’s account, unless otherwise agreed by the Parties.
- The Provider shall issue a tax document – invoice to the Buyer. This invoice shall be sent electronically to the Buyer’s e-mail or made available in the user account.
- Any discounts on the price of digital content cannot be combined unless the Provider and the Buyer agree otherwise.
VI. Right of withdrawal and its limitations
- If the Buyer is a consumer, according to the Civil Code and the Consumer Protection Act, the Buyer generally has the right to withdraw from the Contract concluded at a distance without giving any reason within 14 days from the conclusion of the Contract.
- Digital Content and Loss of Right of Withdrawal: the Buyer agrees that the Digital Content will be made available immediately after payment, i.e. before the 14-day period has expired. The Buyer acknowledges that by providing the Digital Content, the Buyer loses the right to withdraw from the Contract pursuant to Section 1837(l) of the Civil Code, provided that the Buyer has expressly agreed to this procedure in advance (usually by ticking the relevant box in the order).
- If the Buyer does not consent to the immediate commencement of the digital content before the expiration of 14 days, the course will not be made available to the Buyer until after this period or as agreed. In this case, the Purchaser may withdraw from the Agreement within 14 days of its conclusion without giving any reason.
- To withdraw from the Contract, the Buyer shall use the sample form available from the Provider or send an unambiguous statement (by e-mail or post). The withdrawal must be delivered to the Provider within 14 days.
- If the withdrawal is valid and the digital content has not been made available (or used), the Provider shall refund the payments received to the Buyer within 14 days in the same manner as received, unless the Parties agree otherwise.
VII. Provision of on-line courses
- Access to the course: After payment has been credited to the Provider’s account (or other agreed method of payment), the Provider will provide the Buyer with access to the online course – usually in the form of user account login credentials or by sending a link to the Buyer’s email.
- Duration of access: Unless otherwise stated in the course description, access to the course is normally set for 12 months from the date of access. The provider may extend access in justified cases, but is not obliged to do so.
- Technical requirements: the Buyer understands that appropriate technical equipment (e.g. a computer with an internet connection) is required to use the digital content. The Provider is not responsible for non-functionality or limited access if the problem is on the Buyer’s side (unstable internet, etc.).
- Copyright and License: Digital content is protected by copyright. The Purchaser is entitled to use the Course for his/her personal use only and may not copy, distribute or provide it to third parties without the prior written consent of the Provider.
- Complaints: in the event of technical problems on the Provider’s side (unavailability of the course, non-functioning modules), the Buyer is entitled to notify the defect by e-mail to the Provider’s address. The Provider undertakes to rectify the defect within a reasonable period of time.
VIII. Data protections
- The Provider processes the Buyer’s personal data in accordance with applicable law, in particular under the GDPR (Regulation (EU) 2016/679).
- The Buyer provides personal data voluntarily for the purpose of fulfilling the Contract and maintaining the user account, or for the purpose of sending commercial communications (if he/she has given his/her explicit consent).
- The Buyer may at any time request access to his/her personal data, request its correction or deletion, or request a restriction of processing. Further information on the processing of personal data is provided in the Privacy Policy on the Provider’s website.
IX. Submission
- The Parties may deliver all correspondence to each other by electronic mail. The Buyer’s delivery address shall be deemed to be the address specified in the Buyer’s user account or order.
- A message is delivered when it is received by the recipient (on the incoming mail server), unless proven otherwise.
X. Gift voucher and promotions
- If the Provider offers gift vouchers or promo codes, they can only be redeemed according to the terms and conditions stated for each promotion or stated directly on the voucher. As a rule, vouchers and discounts cannot be combined or combined with other promotions.
- Gift vouchers are transferable unless otherwise stated. The validity of the voucher is limited in time and the voucher is no longer valid after this period.
- Promotions, discounts and other marketing offers cannot be combined unless explicitly stated.
XI. Final provisions
- Legal relations not regulated by these Terms and Conditions are governed by Czech law, in particular the Civil Code. If the relationship contains an international element, the parties agree that it is governed by Czech law. This is without prejudice to the consumer’s rights under generally binding regulations.
- If any provision of these Terms and Conditions is invalid or ineffective, it shall be replaced by a provision whose meaning is as close as possible to the invalid provision. The invalidity or ineffectiveness of one provision shall not affect the validity of the others.
- The Contract, including these Terms and Conditions, is archived by the Provider in electronic form and is not publicly accessible. However, the Provider may make it available upon the Buyer’s request.
- Contact details of the Provider for delivery and communication:
LaMajja PRO s.r.o.
K Řípu 2653, 413 01 Roudnice nad Labem
E-mail: info@lamajja.com
Phone: +420 792 335 762