Common sense on a plate

Common sense on a plate

TERMS AND CONDITIONS for the sale of ebooks

I. Introductory Provisions and Explanation of the Purpose of the General Terms and Conditions

1.These General Terms and Conditions (hereinafter referred to as “GTC”) apply to the purchase of ebooks (electronic books) and online courses (both collectively referred to as “digital content” or “products”) through the website katerinaroubalova.com.
2.The purchase of products is based on a Purchase Agreement concluded between the Seller and the Buyer. The process of concluding the Purchase Agreement is detailed in Article III of the GTC. These GTC are an integral part of the Purchase Agreement and thoroughly outline and explain the rights and obligations of both parties to the Purchase Agreement, namely the Buyer and the Seller. Provisions in the Purchase Agreement that differ from the GTC take precedence (i.e., the text of the Purchase Agreement overrides the text of the GTC). The GTC also address other issues related to the purchase of digital content or the use of the katerinaroubalova.com website.
3.The GTC contain information you need to have available before purchasing a product. Please read the GTC carefully and if you have any comments or questions, contact me before ordering the product. Contact information can be found in Article II of the GTC. By clicking the “Submit” button, you signal that you have seen, read, and agree with the GTC and the course of the transaction and cooperation described herein.
4.The GTC provide you with all the essential information. For quicker orientation, here is the content:

Contents:

1.Introductory Provisions and Explanation of the Purpose of the General Terms and Conditions
2.Important Terms (Definitions)
3.Order and Conclusion of the Purchase Agreement
4.Product Pricing and Payment
5.Delivery Conditions
6.Information on the Functionality of Digital Content and Its Compatibility with Hardware and Software, and Copyright Protection
7.Withdrawal from the Purchase Agreement
8.Warranty, Rights Arising from Defective Performance, Complaint Procedure
9.Handling Complaints, Resolving Consumer Disputes
10.Final Provisions

II. Important definitions

1.SELLER
The seller is: Katerina Roubalova Jagelsova
UTR: 2706380006
Place of business: 15 Norn Hill, Basingstoke, United Kingdom
Contact telephone: +44 7367 842242
Email address for correspondence: katka@katerinaroubalova.com
2.BUYER
The buyer is the person who enters into a Purchase Agreement with me, the Seller, through the web interface katerinaroubalova.com, thereby purchasing one of the products. The buyer can be an entrepreneur (a self-employed individual or a legal entity, e.g., a limited liability company or a joint-stock company) or a consumer.
3.CONSUMER
A consumer is defined by law as a natural person who is not acting within the scope of their business activities or independent professional practice. If you are a natural person and provide a company registration number (IČO) in your order, it will be assumed that you are entering into the Purchase Agreement as an entrepreneur, not as a consumer.
4.CONSUMER CONTRACT
This is a Purchase Agreement in which the buyer is a consumer. According to applicable laws, consumers are afforded greater protection than buyers who are not consumers. At the same time, the seller has more obligations towards the consumer than towards other buyers and is required to provide the consumer with information specified by both the Civil Code and the Consumer Protection Act. If the buyer is not a consumer, provisions of the GTC that serve exclusively for consumer protection do not apply.
5.DISTANCE CONTRACT
This is a Purchase Agreement concluded through means of distance communication, i.e., it is concluded without the seller and buyer having to meet in person, as it is concluded through the web interface, email communication, telephone, or similar means of communication. You bear the costs associated with using means of distance communication (mainly internet connection and telephone calls) yourself, and these costs do not differ from the standard rates charged by your operator or internet service provider. By placing an order, you expressly agree to the use of means of distance communication.

III. Order and Conclusion of the Purchase Agreement

1.Placing Orders
•Buyers place orders for products through the web interface by submitting a completed order form via the automated ordering system.
2.Product Description
•The web interface provides a detailed description of the products offered, including what they contain, who they are intended for, what benefits they can bring to the buyer, and in what format they are provided. It also specifies if any additional conditions are necessary for their effective use and completion. Detailed descriptions of bonuses included with individual products are also provided. All presentations on the web interface are for informational purposes only. As the Seller, I am not obliged to enter into a Purchase Agreement regarding these products. The provisions of Section 1732, Paragraph 2 of the Civil Code do not apply.
3.Ordering Products
•To order products via the web interface, buyers must complete the order form, providing their first name, last name or company name, address, email, phone number, and for entrepreneurs, their company registration number (IČ) and VAT number (DIČ). Buyers also select the payment method and choose the desired product(s) by marking them (clicking).
•Before submitting the order, buyers can review and modify the information entered in the order form to correct any errors or discrepancies. The order is submitted by clicking the “Submit” button.
•Upon receipt of the order, I will inform you via email sent to the email address provided in your order. The acknowledgment of receipt is sent automatically. If the acknowledgment does not state that the order is accepted, I will send a subsequent email confirming the acceptance of the order. Until you receive the confirmation of acceptance of your order, the order can be canceled by phone or email (using the contact details provided in Article II of the GTC). The Purchase Agreement is concluded when the confirmation of acceptance of the order is delivered to your email address provided in the order.
•In case of any doubts, I may contact you to verify the authenticity of the order. If the authenticity cannot be verified, it will be assumed that the order was not placed, and it will not be processed further.

IV.Product pricing and payment

1. Product Pricing
•The current price of each product is always displayed on the web interface. The price is valid for the entire period it is displayed on the web interface. If a promotional price is listed, the conditions under which it applies and its duration are also specified. Due to the nature of the products, there are no shipping or additional delivery costs. The calculated price shown in the order summary (i.e., before clicking the “Submit” button) is the final price.
2.Agreed Purchase Price
•The agreed purchase price is the price listed for the product at the time you submit your order (as indicated in the submitted order form). If there is an obvious error in the price listed on the web interface (such as a typographical error or mistake in entering the price) or a similar error in the process of concluding the Purchase Agreement, I am not obliged to deliver the product to you at that obviously incorrect price, even if an automatic confirmation of order receipt has been sent. If you have already paid this obviously incorrect price, I am entitled to withdraw from the Purchase Agreement. If the purchase price changes between the time you submit your order and the time it is confirmed by me, the purchase price valid at the time of order submission will apply, unless we explicitly agree otherwise.
3.Payment Before Delivery
•Unless explicitly agreed otherwise, I am obliged to deliver the products to you only after the full agreed purchase price has been paid.
4.Payment Methods
•The purchase price can be paid using the following methods:
•Cashless bank transfer to my account (payment usually takes 1-2 business days): payment instructions, in the form of an invoice, will be sent to you in the email confirming receipt of the order. When making the payment, please remember to include the appropriate variable symbol to ensure the payment is matched quickly and the product can be delivered as soon as possible.
•Cashless payment by VISA, VISA Electron, MasterCard, Maestro cards (payment is made immediately).
•Online bank transfer (payment is made immediately).
•Payment methods are linked to the payment gateway of Stripe, which provides secure technology for accepting card payments and online bank transfers. You enter your card numbers, credit card numbers, and electronic banking passwords using the secure and trusted channel of Stripe.
•Additional payment methods may be listed on the web interface or explicitly agreed upon between us. The purchase price is paid in British Pounds (GBP).
5.Payment Due Date
•In the case of cashless transfer, the purchase price is due within 7 days of confirming receipt of the order (i.e., from the conclusion of the Purchase Agreement). The due date is specified in the payment instructions, in the invoice. The purchase price is considered paid when the relevant amount is credited to my bank account. In the case of online card payment or instant bank transfer, the purchase price is due immediately after the conclusion of the Purchase Agreement.
•Upon receipt of payment, I will issue a receipt and an invoice, which you will receive immediately after making the payment for online payment methods, and within 3 business days of receiving the payment for other methods.
•Ebooks cannot be paid for in installments.

V. Method of delivery

•When purchasing an ebook, the digital content in PDF or similar format will be delivered after the payment has been received. It will be sent as an email attachment or via a link where the content can be downloaded or accessed. When purchasing an online course, a user account will be created for you on the web interface after the payment has been received, and the access details will be sent to the email address provided in the order (the terms of use are outlined in Article VI of these GTC). If the course starts on the same day for all registered participants, you will receive the access details on the pre-announced day after payment. After logging in with the access details, the digital content (online course) will be delivered by granting access to the members’ section. If it is effective considering the continuity of the content, individual lessons will be made available to you gradually, according to the schedule provided on the “noticeboard” of the online course members’ section.
2.Delivery Timeframe
•The ebook and online course (access details) will be delivered within 3 business days after the payment has been credited to my bank account. For online card payments or instant online transfers, the product will be delivered immediately after the payment is made. (If you only accept traditional bank transfers, delete the first and third sentences of this paragraph). The only exception is the aforementioned situation where the online course begins for all registered participants on a specific pre-announced day.
3.Product Verification
•After the product has been delivered, please check the functionality and availability of the content as soon as possible. If you find any deficiencies or defects, please contact me so I can rectify the issue. Details are provided in Article VIII of these GTC.
4.Hardware and Software Requirements
•The digital content requires hardware and software that enables you to open and work with PDF documents (details are provided in Article VI of the GTC).

VI. Information on the Functionality of Digital Content and Its Compatibility with Hardware and Software, and Copyright Protection

1.Functionality and Requirements
•The digital content is sent only to you, the Buyer, to your email address or by providing access to a webpage where the content is located. The digital content requires hardware and software that can open and work with documents in .doc and PDF formats. To access the content of the online course in the members’ section, you must log in to your user account using the access details provided. The content can be played using an internet browser that supports audio playback. The software must include common audio codecs. For online content playback, you must have an internet connection with sufficient speed. Additionally, your hardware must support audio output. I am not responsible for content unavailability due to malfunction or slow speed of your internet connection. The content may be temporarily unavailable due to data maintenance or server outages. The website may be updated without prior notice.
2.Use and Responsibility
•The products are created using my knowledge, experience, and years of practice. They are guides and recommendations, and it is up to you how you use them in practice and how much care and effort you put into implementing this information. Therefore, I cannot be responsible for the specific results you achieve based on the products. The products do not replace personal consultation. Please note that these are not health services and do not replace the advice of a medical doctor.  The digital content is protected by copyright and cannot be further distributed or made available to other persons without my prior express written consent. Violation of copyright is punishable not only under copyright law but may also constitute a criminal offense.
3.User Account
•After purchasing an online course, you will receive access details to log in to your user account upon payment, as stated in the delivery conditions (Article V of the GTC). You agree to keep the access details confidential and not to allow their use by third parties. As the Buyer, you also agree to keep your user account information up-to-date and accurate. In case of a serious breach of your obligations under the Agreement or these GTC, I am entitled to disable or cancel your user account. This also applies in the event of a breach of your obligations regarding copyright protection.

VII. Withdrawal from the Purchase Agreement

1.Right to Withdraw
•By law, a consumer can generally withdraw from a distance contract without giving any reason within 14 days of concluding the purchase agreement. In such a case, please inform me of your use of the satisfaction guarantee by email at katka@katerinaroubalova.com or in writing to the address provided at the beginning of these GTC. In your message, state that you are exercising your right to withdraw within the 14-day period under the satisfaction guarantee and, if possible, include proof of purchase or at least the date of purchase, your identification details, and information about the product you purchased. You can also easily withdraw (exercise the satisfaction guarantee) by filling out the form available here. If you use the template form, I will confirm its receipt without undue delay. You do not need to justify the withdrawal.
2.Exercising the Satisfaction Guarantee
•Exercising the satisfaction guarantee within the 30-day period means that the withdrawal from the Purchase Agreement must be sent by email to katka@katerinaroubalova.com or by post to my address listed in Article II, paragraph 1 of the GTC. No later than 14 days after receiving the notice of exercising the guarantee, I will refund the money I received from you as payment for the product. The refund will be made in the same way as you paid, unless you agree to a different method of payment without incurring any additional costs.
3.Other Cases of Withdrawal
•As a Buyer, you may also withdraw from the Purchase Agreement in other cases provided by law or the Purchase Agreement and the GTC, especially in the case of defective performance (Article VIII of the GTC). As the Seller, I am entitled to withdraw from the Purchase Agreement in the event of a material breach of your obligations under the Purchase Agreement, especially in the case of unauthorized interference with the web interface, violation of copyright, and other cases provided by law. If the Buyer fails to pay the purchase price within 10 days after the due date, the Purchase Agreement will be canceled at the end of this period. In the event of withdrawal from the agreement, I am entitled to immediately cancel your access to the members’ section.
4.Gifts and Bonuses
•If a gift or bonus is provided with the product, the gift agreement between us is concluded with the resolutory condition that if you withdraw from the Purchase Agreement without giving any reasons or if I withdraw from the Purchase Agreement due to a material breach of your obligations under the Purchase Agreement, the gift agreement becomes ineffective, and you are obliged to return the provided gift within 14 days of withdrawing from the agreement. All gifts and bonuses are sent or made available only after the purchase price has been paid unless it is stated on the web interface that they are sent only after the satisfaction guarantee period has expired.

VIII. Warranty, Rights Arising from Defective Performance, Complaint Procedure

1.Rights Arising from Defective Performance
•Rights arising from defective performance are governed by applicable UK legal regulations, particularly the Consumer Rights Act 2015.
2.Warranty Rights
•Warranty rights are governed by the Consumer Rights Act 2015, which ensures that products must be of satisfactory quality, fit for purpose, and as described.
3.Seller’s Responsibility
•As the Seller, I guarantee that the product is free from defects upon receipt. If you are a consumer and a defect manifests within six months of receipt, it is presumed that the product was defective at the time of receipt. I also guarantee that no defects will occur during the warranty period, which is 24 months from the receipt of the product.
4.Rights in Case of Defects
•In the event of a defect that cannot be rectified, or in the case of recurring defects or multiple defects, you have the right to request the replacement of the product with a new one or withdraw from the Purchase Agreement. If you do not withdraw from the contract or exercise the right to deliver a new defect-free product, you may request a reasonable discount. You can also request a reasonable discount if I am unable to deliver a new defect-free product, if I do not rectify the defect within a reasonable time, or if the rectification would cause you significant inconvenience. Given the nature of the product, a defect may include the unavailability of part of the content, or missing or unreadable parts.
5.Exclusions from Defective Performance Rights
•You are not entitled to rights arising from defective performance if you knew about the defect before taking delivery of the product, or if you caused the defect yourself. The warranty and liability for defects do not cover defects caused by improper use or storage of the product.
6.Non-Delivery of Product
•If the product (or access details for an online course) has not been delivered within the delivery period, please first check your “junk mail” or spam folders. If you still cannot find the product (access details), make a complaint according to the following paragraph.
7.Making a Complaint
•Submit your complaint without undue delay after discovering the defects. You can make a complaint by emailing katka@katerinaroubalova.com or by sending it in writing to the address provided in Article II of the GTC. I would appreciate it if you could attach the invoice or other proof of purchase, a description of the defect, and a proposal for resolving the complaint. I will handle the complaint without undue delay, no later than 30 days, unless we explicitly agree otherwise. If you are a consumer, I will provide you with written confirmation of the complaint and its resolution.

IX. Handling Complaints and Resolving Consumer Disputes

1.Submitting Complaints
•If you have any complaints regarding the concluded Purchase Agreement, its performance, or my activities, please contact me at the address provided in Article II of the GTC or at the email address katka@katerinaroubalova.com.
2.Business Authorization and Regulatory Bodies
•I operate based on a business license. The relevant business authority is the appropriate trade office. The authority overseeing compliance with consumer protection regulations is the Trading Standards Service in the UK. Compliance with data protection regulations is overseen by the Information Commissioner’s Office (ICO). You can also contact these authorities with your complaints.
3.Alternative Dispute Resolution
•If a consumer dispute arises between me as the seller and a consumer, the consumer has the right to an out-of-court settlement. In the UK, the relevant body for out-of-court consumer dispute resolution is the Financial Ombudsman Service. Details of the out-of-court resolution process can be found on the Financial Ombudsman Service website at www.financial-ombudsman.org.uk. Consumers can also use the online dispute resolution platform established by the European Commission at http://ec.europa.eu/consumers/odr/.
4.Code of Conduct
•I hereby state that I am not bound by any codes of conduct.

X. Final Provisions

1.Duration of the Purchase Agreement
•The Purchase Agreement is concluded for a definite period until the obligations of the Seller and the Buyer arising from the agreement are fulfilled.
2.Protection of Personal Data
•The protection of personal data is addressed in a separate document, which can be found on the web interface.
3.Changes to the GTC
•Please note that I am entitled to unilaterally change these GTC. However, the text of the terms and conditions valid at the time of the order submission will always apply to the Buyer.
4.Effective Date
•These GTC are effective from 1st June 2024.