1. GENERAL

1.1. This document serves as the Terms and Conditions (the “T&C”) of NEXT-L GROUP s.r.o., a company with its registered office at Dolní Břežany – Lhota, Rozmarná 106, Postal Code 25241, Id. No.: 274 48 835, registered under File No. C 112341 with the Municipal Court in Prague (the “Provider”), and governs the parties’ rights and obligations arising out of contracts concluded between the Provider and its customers (each as the “Customer”) in the context of offering products and services via the website at https://jaroslavprusa.com/ (the “Web Interface”), or in some other manner.

1.2. To avoid any doubt, these T&C form the contents of all the contracts concluded via the Web Interface, and also of any contracts to which these T&C are attached and contracts which refer to these T&C.

2. INFORMATION ON CONCLUSION OF CONTRACT

2.1. With a view to complying with all the national laws and with the European Union regulations that apply to these T&C, the Provider provides the Customer in this Article 2 of the T&C with information that the Provider is required to provide to the Customer prior to the conclusion of their mutual contract:

2.1.1. Main features of the services. Information about the main features and nature of the services – insofar as this information corresponds to the means of distance communication used – is provided via the Web Interface next to the relevant product or service.

2.1.2. Provider’s business name and registered office. The Customer is informed about the company’s business name and registered office in Art. 1.1 of these T&C.

2.1.3. Provider’s contact details: The Customer may contact the Provider in the following ways:

• By an email sent to: support@jaroslavprusa.com
• Via postal services to the address of the Provider’s registered office specified in Art. 1.1 of these T&C.

2.1.4. Address for complaints. The Customer may raise a complaint regarding a service or product, and present some other complaint or suggestion at the address of the registered office specified in Art. 1.1 of these T&C.

2.1.5. Total price of the service or product. Information about the price of the service, including value added tax, other taxes, customs duties and, in the case of a service where the price cannot be determined in advance, the method of determining the price, including the costs of transport, delivery, postage, other costs or fees, or if such costs or fees cannot be determined in advance, the method of determining these costs and fees, if paid by the Customer, is available via the Web Interface.

2.1.6 Payment and delivery terms. Information about the payment and delivery terms is given in Article 4 of the T&C.

2.1.7 Customer’ right to withdraw from the contract if the Customer is in the position of consumer. Information about the Customer’s right to withdraw from the contract, including the related terms, is given in Article 5 of these T&C, including the withdrawal form and information about the costs of returning any goods, as well as about the circumstances under which the Customer is not entitled to withdraw from the contract.

2.1.8. Defective performance. Information about claims based on defective performance, including information on how to enforce these claims, is given in Article 7 of the T&C.

2.1.9. Warranty. Information on the existence and details of the Provider’s warranty, including information on special (non-standard) warranty, is available on the Web Interface.

2.1.10. Term of the contract and duration of obligations under the contract. Information about the contract term, as well as further information concerning the manner of concluding the contract, is given in Article 3 of the T&C, including information about the minimum duration of the obligations under the contract.

2.1.11. Obligation to provide an advance payment. The Customer is informed about any obligation to provide relevant performance as an advance payment, including the related conditions, via the Web Interface or in some other way, as appropriate.

2.1.12. Technical security and compatibility. The Customer is informed about the relevant functionality, including any applicable technical measures aimed to ensure the security of electronic content, via the Web Interface; the same applies to the electronic content’s compatibility with the hardware and software known or reasonably assumed to be known to the Customer.

2.1.13. Out-of-court settlement. Information about out-of-court resolution of disputes is provided to the Customer in Article 10 of the T&C.

2.1.14. Contract archiving. The contract is stored by the Provider in electronic form and the Customer may ask for its text by virtue of a written request sent to the contact details specified in these T&C.

2.1.15. Supervisory bodies. The list of bodies supervising the Provider’s business is given in Article 10 of the T&C.

2.1.16. Proof of conclusion of the contract. In accordance with the e-Commerce EU Directive (2000/31/EC) and, in line with its national transposition, where applicable, the Provider hereby informs the Customer that the confirmation email serves as a proof of conclusion of the contract between the Customer and the Provider.

2.1.17. Language of the contract. The contract is drawn up in the language chosen by the Customer in the Web Interface pursuant to Article 3 of the T&C. The Customer acknowledges that only the Czech version of the present Terms and Conditions is legally binding, and any translations of these Terms and Conditions are provided for the Customer’s convenience only. In case of any variance between the original version of the Terms and Conditions and their translation, the provisions of the Terms and Conditions’ Czech version shall prevail unless stated otherwise for specific countries.

3. CONCLUSION OF CONTRACT

3.1. The Web Interface provides information about services and products, including pricing for each service and product, the costs of delivery or return, if required, and other details. The prices of services and products are given including value added tax and all related fees. The prices of services and products remain valid as long as they are displayed on the Web Interface.

3.2. The contract between the Provider and the Customer may be concluded:

3.2.1. via the order form located on the Web Interface, pursuant to Art. 3.3 of the T&C;
3.2.2. via email communication, pursuant to Art. 3.4 of the T&C;
3.2.3. in other ways, pursuant to Art. 3.5 of the T&C.

3.3. Conclusion of a contract via web form.

3.3.1. The Customer fills in the order form on the Web Interface for the relevant service or product. The order form includes, in particular, information about:

• the service or product being ordered;
• the manner of payment of the price of the product and service, and information about the required manner of delivery of the service or product being ordered, if appropriate;
• and information about the costs associated with the delivery of the service or product (collectively the “Order”).

3.3.2. Before sending the Order to the Provider, the Customer can check and modify the data he/she has entered in the Order, also with regard to the Customer’s ability to detect and correct errors arising when entering data in the Order. To avoid any doubt, the Provider considers the information given in the Order to be correct and true.

3.3.3. The Customer sends the Order to the Provider by clicking on the “ORDER” button or some other button used to send the Order.

3.3.4. The Provider will confirm the Order to the Customer without delay after receiving it, by sending an email to the Customer’s email address indicated in the Order.

3.3.5. The contractual relationship between the Provider and the Customer arises upon delivery of the notice of acceptance of the Order, sent by the Provider to the Customer by email to the Customer’s email address. Information about the duration of the contract, whether it is concluded for a fixed or indefinite term, including further information relating to the duration of the contract, is provided for the relevant product or service in the Web Interface.

3.4. Conclusion by email

3.4.1. The Customer sends to the Provider a service or product request indicating the demanded service or product.

3.4.2. On the basis of the request pursuant to Art. 3.4.1 of the T&C, the Provider sends to the Customer a quotation comprising a detailed description of the service or product, price and other details, such as the date of delivery or provision of the service, etc.

3.4.3. The contractual relationship between the Provider and the Customer arises upon delivery of the notice of acceptance of the quotation, delivered by the Customer to the Provider.

3.5. Other ways of concluding a contract

3.5.1. The Parties may also agree on some other way of concluding their contract, indicating the contents of the contract and referring to these T&C.

3.6. The Customer agrees with the use of means of distance communication in the conclusion of the contract. Any costs incurred by the Customer in the use of means of distance communication in relation to the conclusion of the contract (costs of internet connection, telephone charges) are borne by the Customer him/herself; these costs do not differ from the basic rate.

3.7. To avoid any doubt, the Provider is not obliged to conclude a contract with the Customer.

4. DELIVERY AND PAYMENT TERMS

4.1. Unless the Provider and the Customer agree otherwise in the contract, the Provider is obliged to deliver the product or provide the service to the Customer on the announced date as indicated in the Web Interface. If the Provider fails to perform its obligation to deliver the product or provide the service by the deadline pursuant to the first sentence, the Customer will call on the Provider to perform this obligation within a reasonable grace period. If the Provider fails to perform the obligation to deliver the product or provide the service even within this reasonable grace period, the Customer may withdraw from the contract.

4.2. The Customer can pay for the goods ordered and for any delivery costs as follows:

4.2.1. online via a payment card or a credit card;
4.2.2. via bank transfer.

4.3. Unless stated otherwise, all invoices and requests for payment are payable within 15 days of their delivery. In case of card payment, the payment is due immediately.

5. WITHDRAWAL FROM CONTRACT

5.1. The provisions of this Article 5 apply only to Customers who are consumers within the meaning of the consumer protection legislation.

5.2. The Customer acknowledges that withdrawal from a distance contract is not possible if the contract concerns:

5.2.1. the delivery of an audio or video recording or computer software, and the Customer has unsealed the above;
5.2.2. the provision of a service, and the service is performed before expiry of the deadline for withdrawal, with the Customer’s prior express consent;
5.2.3. delivery of digital content (unless provided on a tangible medium), and the content is delivered before expiry of the deadline for withdrawal, with the Customer’s prior express consent;
5.2.4. participation in a course or lecture provided at a specific time.

5.3. To avoid any doubt, by concluding a contract which includes these T&C by reference, the Customer is informed about the impossibility of withdrawing from the contract in the cases set out in Art. 5.2 of the T&C.

5.4. With the exception of the case specified in Art. 5.2 of the T&C and other cases where withdrawal is not possible, the Customer may withdraw from the contract within fourteen (14) days of the takeover of product or provision of the service; if the contract concerns several types of services or products, or the delivery of several parts, the said period starts running on the date of takeover of the last delivery or provision. The notice of withdrawal must be sent to the Provider by the deadline specified in the previous sentence. The Customer may send the notice of withdrawal, inter alia, to the address of the Provider’s establishment, or to the Provider’s email address set out in Art. 2.1.3 of the T&C.

5.5. In case of withdrawal pursuant to Art. 5.4 of the T&C, the contract is terminated from the outset (ex tunc). The products or goods must be returned by the Customer to the Provider within fourteen (14) days of delivery of the notice of withdrawal to the Provider. If the Customer withdraws from the contract, the Customer bears the costs associated with returning the product or goods to the Provider, even in cases where, in view of their nature, the goods cannot be returned by regular post.

5.6. In the event of withdrawal from the contract pursuant to Art. 5.4 of the T&C, the Provider will refund the money received from the Customer within fourteen (14) days of the Customer’s withdrawal, using the same means as used by the Customer for paying the given amount to the Provider.  If the Customer withdraws from the contract, the Provider need not refund to the Customer any amounts previously received from the Customer until the Customer returns the given products or goods to the Provider or proves that the products or goods have been sent to the Provider.

5.7. In cases where the Customer has the right to withdraw from the contract in accordance with Art. 5.4 of the T&C, the Provider may also withdraw from the contract at any time until the product or goods are taken over by the Customer. In that case, the Provider shall refund the price to the Customer without undue delay, by wire transfer into an account indicated by the Customer.

5.8. Where a gift is provided to the Customer along with the goods, the relevant donation agreement between the Provider and the Customer is deemed concluded subject to a condition subsequent consisting in the fact that if the Provider withdraws from the contract, the donation agreement concerning the gift expires and the Customer must return the gift to the Provider along with the goods.

6. PERSONAL DATA PROTECTION

6.1. Information on how the Provider processes personal data can be found in the Privacy Policy.

7. RIGHTS AND OBLIGATIONS BASED ON DEFECTIVE PERFORMANCE

7.1. The parties’ rights and obligations regarding any defective performance are governed by the applicable generally binding legal regulations.

7.2. The Provider warrants to the Customer that the products or goods in question are free of any defects upon their takeover. In particular, the Provider warrants to the Customer that at the time when the Customer takes over the goods:

7.2.1. the product or service has the properties agreed by the parties, and in the absence of such an agreement, that the product or service has such properties which the Provider described or which the Customer expected given the nature of the product or goods concerned, and the advertising presented by the Provider;

7.2.2. the product or service is fit for the purpose indicated by the Provider with regard to its use, or for the purpose for which the product or service of this kind are usually used;

7.2.3. the quality or design of the product or service corresponds to the agreed sample or model if such quality or design was determined on the basis of an agreed sample or model;

7.2.4. the product or service has the corresponding quantity, measurements or weight;

7.2.5. and the product and service meet the requirements specified by the legal regulations.

7.3. To avoid any doubt, the Provider is not responsible for the use of the Provider’s opinions or advice, and more specifically, is not responsible for the result. The Provider’s products and services serve for educational purposes, and they are not intended to directly or indirectly increase the sale of the Customer’s goods or services, or influence the Customer’s business or personal growth in any way.

7.4. If a defect becomes apparent within six months of takeover, the goods are presumed to have already been defective upon takeover.

7.5. Otherwise, the Customer may exercise the right arising from a defect which occurs in consumer product or goods within twenty-four months from the takeover.  If the period for which goods may be used is specified on the goods being sold, their packaging, the user manual attached to the goods or in advertising in accordance with other legal regulations, the provisions on quality warranty shall apply.  By virtue of the quality warranty, the Provider undertakes that the goods will be fit for use for the usual purpose for a certain period of time or that they will retain the usual properties.  If the Customer justifiably reports a defect to the Provider, the period for exercising the rights based on defective performance and the warranty period do not run during the time when the Customer is unable to use the defective goods.

7.6. The provisions of Article 7 of the T&C shall not apply to any defects of goods sold at a reduced price agreed due to the defect, to any wear and tear of the goods caused by their normal use, to any defects of used goods where the defect corresponds to the degree of use and wear and tear, and the goods had the defect upon their takeover by the Customer, or where this follows from the nature of the goods.  The Customer does not have rights based on defective performance if, before the acceptance of the goods, the Customer was aware of the defect or the Customer caused the defect her/himself.

7.7. The rights following from liability for defects of the goods shall be exercised with the Provider. The Provider is obliged to issue the Customer with a written confirmation of the fact that the Customer has exercised this right, of the contents of the complaint and of the manner of resolving the complaint required by the Customer, and also a confirmation of the date and manner of resolving the complaint, including confirmation of a repair and its duration, as well as written justification for refusing the complaint, if appropriate. This duty also applies to other persons entrusted by the Provider with a repair.

7.8. The Customer shall notify the Provider of the right she/he has chosen within the report of the defect or without undue delay thereafter. The Customer may not change the choice made without the Provider’s consent; this does not apply if the Customer requested repair of a defect which proves to be irreparable.

7.9. If goods lacks the properties specified in the contract, the Customer may also request the supply of new goods without defects, unless this would be disproportionate to the nature of the defect, but where the defect only concerns a component part of the goods, the Customer may only request a replacement of that component part; if this is not possible, the Customer may withdraw from the contract. If, however, this would be disproportionate to the nature of the defect, in particular where the defect can be removed without undue delay, the Customer has the right to have the defect removed free of charge. Even where a defect is removable, the Customer is entitled to have new goods supplied or a component part replaced if the Customer cannot use the goods properly due to repeated occurrence of the defect after a repair or due to a multitude of defects. In that case, the Customer also has the right to withdraw from the contract. If the Customer does not withdraw from the contract or fails to assert her/his right to have new defect-free goods supplied, their component part replaced or the goods repaired, the Customer may request a reasonable price reduction. The Customer also has the right to a reasonable price reduction if the Provider cannot supply to the Customer new defect-free goods, replace a component part of the goods or repair them, as well as if the Provider fails to provide for a remedy within a reasonable time or where such a remedy would cause substantial difficulties to the consumer.

7.10. In cases where a removable defect is reported, the Customer is also entitled to compensation of the costs purposefully expended in exercising this right. However, if the Customer fails to assert the right to compensation within one month after the deadline for reporting the defect expired, the court will not grant that right if the Provider invokes late exercise of the right to compensation.

7.11. The Provider’s complaints policy may set out further rights and obligations of the parties related to the Provider’s liability for defects.

8. PROTECTION OF INTELLECTUAL PROPERTY

8.1. The Customer acquires the ownership title to the goods upon payment of the full price of the product or goods.

8.2. Products sold by the Provider via the Web Interface (online educational programmes, webinars, books, CDs), including their contents, are subject to legal protection under intellectual property law, in particular under copyright law.

8.3. The Customer may use the individual products or services only for personal needs and in accordance with these Terms and Conditions. The Customer may not, whether him/herself or through a third party:

8.3.1. use the products for other than personal purposes, and for commercial, public or other improper purposes, including purposes that could cause harm to the Provider;

8.3.2. use the products in violation of the law;

8.3.3. make copies or duplicates of the products, lend, sell, offer, broadcast or otherwise communicate the products to the public or disseminate them, including, but not limited to, close persons, friends, colleagues and persons in a similar positions;

8.3.4. modify the products or otherwise interfere with them, including a transfer or modification of the contents;

8.3.5. use the products as a work in any improper manner;

8.3.6. utilise automated tools for the use or any handling of the products;

8.3.7. modify, change, evade or tamper in any way with security or encryption, or interfere in any way with the technologies via which products are offered;

8.3.8. use the products otherwise at variance with the laws in the area of intellectual property, protection of personal rights and other laws, or at variance with these Terms and Conditions.

8.4. The use of products at variance with these Terms and Conditions constitutes a material breach of the contract and these T&C; in that case, the Provider becomes entitled to compensation for damage, surrendering of unjust enrichment and other claims.

8.5. The Customer agrees to maintain confidentiality of any and all information that the Customer learns in connection with the performance of the contract.

9. CHOICE OF LAW AND LEGAL REGIME

9.1. The contract and any legal relationships arising out of or derived from the contract, including the aspects of its formation and validity, shall be governed by the laws of the Czech Republic to the exclusion of any conflict-of-law rules. If the Customer is in the position of consumer, the choice of law pursuant to the previous sentence shall not deprive the Customer of his/her protection afforded to the Customer by legal provisions that cannot be derogated from by a contract and that would otherwise apply in the absence of the choice of law pursuant to Art. 6 (1) of Regulation (EC) No 593/2008 of the European Parliament and of the Council of 17 June 2008 on the law applicable to contractual obligations (Rome I).

9.2. Relationships not regulated by these T&C or other documents, such as the complaints policy, shall be governed by the applicable provisions of Act No. 89/2012 Coll., the Civil Code, as amended, Act No. 634/1992 Coll., on consumer protection and other laws.

10. DISPUTE RESOLUTION

10.1. The Provider deals with consumer complaints via the email address specified in Art. 2.1.3 of the T&C. The Provider will send information on the manner of addressing any Customer’s complaint to the Customer’s email address.

10.2. In case of any disputes between the Customer and the Provider, the courts of the Czech Republic shall have full competence to hear any and all disputes arising between the parties unless the relevant binding legal regulations provide otherwise.

10.3. Under EU regulations, all Customers who are consumers residing in EU countries are authorised to initiate out-of-court resolution of their disputes with the Provider pursuant to Act No. 634/1992 Coll., on consumer protection, as amended, if the dispute has not been resolved directly. The body competent to hear and decide the relevant proposals to initiate out-of-court dispute resolution is the Czech Trade Inspection Authority, Štěpánská 44, Prague 1, 110 00, Czech Republic, http://www.coi.cz.

10.4. Under EU Regulation (EU) No 524/2013, Customers who are in the position of consumer may initiate out-of-court resolution of consumer disputes via the ODR platform for online resolution of consumer disputes available at: (ec.europa.eu/consumers/odr). The European Consumer Centre with its seat at Štěpánská 44, 110 00 Prague 1 is the contact point pursuant to the Regulation.

10.5. The Provider declares that it is authorised to perform the contract concluded under these T&C and that it has all the authorisations, including a trade licence. The operation of trade is supervised by the competent trade licensing authority within its jurisdiction. The Office for Personal Data Protection supervises the area of personal data protection. The Czech Trade Inspection Authority supervises, to the specified extent, the compliance with Act No. 634/1992 Coll., on consumer protection, as amended.

11. FINAL PROVISIONS

11.1. If any provision of the T&C is or becomes invalid or ineffective, such invalid provision will be replaced with a provision that is as close as possible in its sense to the invalid provision. The invalidity or ineffectiveness of a provision does not prejudice the validity of other provisions.

11.2. The Provider will archive each contract, including the T&C, in electronic form, and the contract will not be accessible.

11.3. The Provider is not bound by any codes of conduct in relation to the Customer.

11.4. These Terms and Conditions enter into effect on March 27, 2023.