General terms and conditions for courses
These general terms and conditions for courses (hereinafter referred to as " terms and conditions ") apply to contracts concluded through the Dortisimo.cz e-shop located on the web interface www.dortisimo.cz (hereinafter referred to as " web interface ") between our company :
Dortisimo.cz s.r.o. , with registered office at Prosecká 682/117, Prosek, 190 00 Prague 9
ID: 24239241
VAT number: CZ24239241
registered: in the commercial register maintained by the Municipal Court in Prague, section C, insert 201508
address for delivery: Dortisimo.cz s.r.o., Toužimská 897/E1, Prague 19900
phone number: +420 739 699 384
contact e-mail: info@dortisimo.cz
as a service provider
and you as a customer of the services
1. INTRODUCTORY PROVISIONS
By contract, we undertake to provide you with the service specified in the order, and you undertake to pay us the price for the service (hereinafter referred to as " price "), including any fees related to the selected payment method specified in the order.
1.1. What services do we provide?
We provide Dortisimo Academy training courses in the field of confectionery (hereinafter referred to as the " course ").
Please note that any information or materials provided to you as part of the course result from the experience and knowledge of the service provider or the person leading the course (hereinafter referred to as the " lecturer "), and may therefore not coincide with the opinion of other experts in the field .
1.2. What does the contract cover?
A contract here refers to any contract concluded in accordance with these terms and conditions. Therefore, it does not always have to be only a contract for the provision of services.
1.3. Is the contract a consumer contract?
It is a consumer contract if you are a consumer, i.e. if you are a natural person and you order the provision of services outside the scope of your business activity or outside the scope of independent performance of your profession. Otherwise, it is not a consumer contract and you are not subject to consumer protection according to legal regulations and these terms and conditions.
1.4. What are your special rights as a consumer?
As a consumer, you primarily have:
- the right to communicate information before concluding the contract (information is contained in these terms and conditions or on the web interface);
- the right to an out-of-court settlement of a consumer dispute from the contract (Article 7.3 of these terms and conditions).
1.5. What governs our legal relationship?
Our legal relationship is governed by the following documents:
- these terms and conditions
- Complaints rules for courses , according to which we will proceed when complaining about services;
- The privacy policy , which governs the protection of your personal data;
- the conditions and instructions from our side stated on the web interface or in our e-mail communication, especially when concluding the contract;
- order and its acceptance by us.
and in matters not regulated here also by the following legal regulations:
- by Act No. 89/2012 Coll., the Civil Code, as amended (hereinafter referred to as the " Civil Code ");
- by Act No. 634/1992 Coll., on consumer protection, as amended (only if you are a consumer).
If your place of residence or registered office is outside the Czech Republic, or if our legal relationship contains another international element, you acknowledge that our relationship is governed by Czech law . If you are a consumer and the legal system of your country of residence provides a higher level of consumer protection than the Czech legal system, you are provided with this higher level of protection in legal relations.
1.6. How do you agree to the terms and conditions?
By sending the order and also confirming it on the web interface, you confirm that you have read these terms and conditions and agree to them.
We can change or supplement the wording of the terms and conditions. Your rights and obligations are always governed by the wording of the terms and conditions under which they came into effect.
2. CONCLUSION OF CONTRACT
2.1. How do we conclude a contract?
The web interface includes a presentation of individual types of courses, including a brief description of the course content. Course prices, including all fees, are listed on the web interface. The presentation of the courses is of an informative nature and is not our proposal to conclude a contract in the sense of § 1732 paragraph 2 of the Civil Code. In order to conclude a contract, it is necessary that you send an order and that this order is accepted by us.
2.2. How to place an order?
You can always place an order via the web interface (by filling out a form), or by phone, e-mail or any other method that we allow according to the current information provided on the web interface.
The order must contain all the information prescribed in the form, in particular the exact designation of the ordered course and your contact details.
Before the binding shipment of the order, you will be informed of the recapitulation of the order, including the final price. We recommend checking the type of course ordered and the e-mail address in particular. As part of the recap, you have the last chance to change the entered data.
You place a binding order by pressing the "Complete order" button. We consider the data provided in the binding order to be correct and complete. Inform us about their change without delay by phone or e-mail.
If we have doubts about the authenticity and seriousness of the order, we may contact you to verify it. We may refuse an unverified order. Such an order is then treated as if it had not been submitted.
If the ordered course is filled to capacity before receiving your order, we will include you in the database of applicants with a priority right to a vacant place on the course, or we will offer you another date for the educational event.
2.3. So when is the contract concluded?
The contract is concluded when we receive your order acceptance. Order acceptance will be sent to the email address you provided in the order. Should the order not be accepted, the contract is concluded when you pay the full price or participate in the course (whichever occurs first).
Information about the individual technical steps leading to the conclusion of the contract can be seen from the web interface.
2.4. Can you cancel an order that has already been sent?
You can cancel an order that we have not yet accepted (i.e. you have not been sent an order acceptance by us according to article 2.3 of these terms and conditions) by phone or e-mail. All orders accepted by us are binding. Later cancellation of the order is only possible after agreement with us in accordance with Article 4 of the terms and conditions.
2.5. Can the price shown on the web interface change?
The prices of the presented courses remain valid for as long as they are displayed on the web interface. Any discounts on the price of the courses cannot be combined with each other, unless something else is explicitly stated on the web interface.
In the event that there is an obvious technical error on our part when indicating the price of the course in the web interface or during the ordering process, we are not obliged to provide you with the course at this obviously incorrect price , even if you have been sent an order acceptance according to these terms and conditions. In such a case, we reserve the right to withdraw from the contract.
If the price indicated in the web interface or during ordering is no longer current, we will notify you of this fact immediately. If your order has not yet been accepted, we are not obliged to conclude the contract.
Sent orders are not affected by a price change that occurred between the time the order was sent and its acceptance by us in accordance with Article 2.3 of these terms and conditions.
2.6. Is it possible to get a contract in text form?
The contract is not concluded in writing with the signatures of the contracting parties. The contract consists of these terms and conditions, your order and its acceptance by us. The entire contract will be sent to you by e-mail or, at your request, printed by post. When sending by post, we may ask you to pay the costs associated with it.
2.7. Is the contract stored somewhere?
We archive the contract (including these terms and conditions) in electronic form. The contract is not accessible to third parties, but we will send it to you upon request.
2.8. What if you don't understand something in the contract?
If you have any questions about the terms and conditions or the contract, you can contact us by phone or e-mail. We will be happy to provide you with all the necessary information.
3. PAYMENT TERMS
3.1. What payment methods do we accept?
You can pay the price mainly in the following ways:
- cashless before providing the service with an online payment card;
- cashless before providing the service by transfer to our bank account (instructions will be given to you in the order confirmation).
Possible other payment methods are listed on the web interface.
Some payment methods may be subject to additional fees. These fees are listed on the web interface. The order will always include the final price, which already includes fees related to the chosen payment method.
3.2. When is the prize due?
In the case of non-cash payment, the price is payable within 5 working days from the receipt of the order according to Article 2.3. In the case of non-cash payment, your obligation to pay the price is fulfilled when the relevant amount is credited to our bank account, but no later than before the start of the course.
Please note that if you do not pay the course price by the due date, your order will be canceled and we are not obliged to allow you to attend the course.
3.3. What currency can you pay in?
Payment for the service is possible in Czech crowns (CZK) or euros (EUR).
4. AMENDMENT AND CANCELLATION OF AGREEMENT
4.1. By agreeing to these terms and conditions, you acknowledge that in accordance with § 1837 letter j) of the Civil Code, you do not have the right to withdraw from the contract without giving a reason according to § 1829 of the Civil Code.
4.2. If you are interested in canceling or changing your order or moving the course to another date, please contact us immediately. We would like to point out that you are not entitled to the above according to these business conditions or legal regulations, and the implementation of the mentioned changes is only possible after agreement with us.
4.3. In case of cancellation of the order by you, we reserve the right to demand the payment of cancellation fees in the following amount:
Number of working days before the course | The amount of the cancellation fee |
More than 10 | 40% of the course price |
10 or less (including no-shows) | 100% of the course price |
4.4. We reserve the right to make absolutely necessary changes to the course parameters specified in the order, in particular to modify the content of the course, change the date of the course or change the lecturer. When making changes according to the previous sentence, the quality and duration of the provided service will be preserved. We will notify you of any changes by email.
4.5. We can change the date of the course or the content of the course no later than two working days before the original date of the course. If you do not agree with the change of date or content, you have the right to withdraw from the contract without the obligation to pay a cancellation fee.
4.6. We reserve the right to cancel the course completely in the event of an unexpected and unforeseeable event (sudden reduction of transport services due to a strike or adverse weather conditions, damage or destruction of the course premises, illness of the lecturer, etc.). If, due to an unexpected and unforeseeable event, it is necessary to shorten the duration of the course by more than 20%, you are entitled to a refund of a proportional part of the price.
4.7. In case of cancellation of the course or withdrawal from the contract by either party, the price of the course will be paid to you (reduced by any cancellation fees) or a proportionate part of it will be returned to the account that you inform us for this purpose or from which we received the payment, within 14 days from the date of cancellation course or withdrawal from the contract. Upon mutual agreement, it is possible to use the price you paid as a deposit for the payment of another course.
5. CONDITIONS OF PARTICIPATION IN THE COURSE
5.1. You can freely transfer the right to participate in the purchased course to a third party.
5.2. Courses are held on the dates and locations indicated on the web interface.
5.3. By participating in the course, you agree that you will respect the rules stated in these terms and conditions or on the web interface and the instructions of the lecturer, you will follow his instructions and you will refrain from any action that could disrupt the progress of the course.
5.4. During the course, each course participant is obliged in particular to:
- follow all instructions of the lecturer;
- do not disrupt the course with noise or other inappropriate behavior;
- do not disturb other participants;
- behave towards the lecturer and other participants in accordance with generally accepted rules of conduct;
- act in all circumstances so as not to cause damage to the property or health of the lecturer or third parties;
- comply with the safety and fire regulations applicable to the building in which the course is held;
- refrain from using technical devices to share course content.
5.5. In the event of a violation of clauses 5.3 and 5.4, you may be denied the right to further participate in the course without the right to a refund.
5.6. If you bring an item into the premises where the course is held, you are obliged to put it in the place designated for it (according to our instructions). In the event of loss or damage to an item that was not placed in such a place, we are not responsible for compensation for the damage caused to this item.
5.7. During the course, it is forbidden to make any audio or video recordings of the course without the express consent of the lecturer. It is also prohibited to disseminate, make available or otherwise provide any recordings to third parties, whether for a fee or free of charge.
5.8. We reserve the right to take video, audio and audiovisual recordings of the course, which may capture the appearance and expressions of course participants. We are authorized to publish these records for the purposes of promoting, offering and providing our services. By participating in the course, you and any other participants give permission to expand your image in the sense of § 85 of the Civil Code. Permission is granted for an indefinite period and can be revoked at any time.
5.9. All information, including information contained in documents that are the subject of courses, or information that you obtain from us or from the lecturer during the course, are subject to trade secret protection pursuant to Section 504 of the Civil Code. Without our prior written consent, you are not authorized to disclose or distribute this information to third parties in any way.
5.10. The course content and materials provided within the course are protected by our copyright, or the copyright of the lecturer or third parties. The materials are for your use only. You may not modify, copy, reproduce, distribute or use the content of the materials for any purpose without our consent.
5.11. In case of non-respect of copyright, we will proceed in accordance with Act No. 121/2000 Coll., Copyright Act, as amended. In particular, as a copyright holder, we have the right to demand that infringements of our copyright be stopped and to demand that unauthorized copies of protected content be taken down. In addition, we have the right to demand reasonable compensation for the damage caused for the violation of our copyright.
5.12. If the course includes a certificate of completion, we undertake to hand over the certificate to you and other participants via the lecturer or in another appropriate way. Completion of the entire course is a condition for issuing the certificate. The certificate will be handed over immediately after the end of the course, or the certificate will be sent by e-mail as agreed.
6. RIGHTS FROM DEFECTIVE PERFORMANCE
Your rights from defective performance are governed by the relevant generally binding legal regulations (in particular the provisions of Sections 1914 to 1925 of the Civil Code).
When exercising rights from defective performance, we will proceed in accordance with our Complaints Regulations for courses . Before submitting a complaint, please familiarize yourself with the Complaints Regulations for courses so that the complaint can be handled as quickly as possible and to your satisfaction.
7. REGISTRATION ON THE WEB INTERFACE
7.1 How can you register on the web interface?
A user account is established by registering via the registration form on the web interface. Keep your user account access information confidential. We are not responsible for any misuse of the user account by a third party.
The information provided during registration must be true and complete. We may cancel an account that was created using false or incomplete information without compensation. In case of changes in your data, we recommend that you edit them immediately in your user account.
7.2 What is the user account for?
Through the user account, you can primarily order courses, track orders and manage the user account. Any additional functions of the user account are always listed on the web interface.
7.2 When can we cancel your user account?
Please note that we have the right to terminate your user account without compensation if your account violates good morals, applicable laws or these terms and conditions.
8 COPYRIGHT PROTECTION, LIABILITY AND USE OF THE WEB INTERFACE
8.1 Is the website content protected by copyright?
The content of the web pages located on the web interface (texts including terms and conditions, photos, images, logos, software and others) is protected by our copyright or the rights of other persons. You may not modify, copy, reproduce, distribute or use the Content for any purpose without our consent or the consent of the copyright holder. In particular, it is prohibited to make photos and texts available on the web interface free of charge or for a fee.
The names and designations of products, goods, services, firms and companies may be registered trademarks of their respective owners.
8.2. Responsibility and use of the web interface
We are not responsible for errors arising as a result of interventions by third parties in the web interface or as a result of its use contrary to its purpose. When using the web interface, you must not use procedures that could disrupt the function of the system or place an unreasonable load on the system.
If you commit any illegal or unethical behavior while using the web interface, we are entitled to limit, suspend or terminate your access to the web interface without any compensation. In this case, you are also obliged to pay us the full amount of the damage that can be proven caused by your actions in accordance with this paragraph.
Please note that clicking on some links on the web interface may leave the web interface and redirect you to the websites of third parties.
9. FINAL PROVISIONS
9.1 What authorizations do we have to carry out our activities and who controls us?
We are authorized to provide services on the basis of a trade license. Our activity is not subject to any other authorization.
The trade inspection is carried out by the relevant trade office within its jurisdiction. Control of compliance with legal regulations regarding compliance with consumer protection regulations is carried out by the Czech Trade Inspection ( www.coi.cz ). The rights of consumers are also defended by their interest associations and other entities for their protection.
9.2. How do we handle complaints?
We handle any complaints via our contact email. You can also contact the entities listed in Article 7.1. In relation to our customers, we are not bound by any codes of conduct, nor do we adhere to any such.
9.3. What are your rights in the event of a consumer dispute?
If you are a consumer and if a dispute arises between us arising from the contract that we cannot resolve directly, you have the right to contact the Czech Trade Inspectorate (address: Česká obchodní inspekce, Central Inspectorate - ADR Department, Štěpánská 15, 120 00 Prague 2; web interface: www.coi.cz , www.adr.coi.cz ; electronic contact: adr@coi.cz ; telephone: +420 296 366 360) for the purpose of out-of-court settlement of consumer disputes. You can exercise this right no later than 1 year from the day you first exercised the right that is the subject of this consumer dispute with us.
You can also use the online platform set up by the European Commission at: ec.europa.eu/consumers/odr/ to submit a complaint regarding the services you have purchased from us and to find an alternative dispute resolution entity.
9.4. What else should you know?
When concluding the contract, means of remote communication (especially the Internet) are used. You pay the costs incurred when using the means of distance communication (mainly the costs of internet connection or telephone calls). These costs are no different from the regular rate.
Unless otherwise agreed, all correspondence between us relating to the contract shall be in writing, either by e-mail, registered post or personal delivery. From our side, we will deliver to the e-mail address that you have given us.
In the event that any provision of these terms and conditions is invalid, ineffective or inapplicable (or becomes so), the provision that is closest in meaning to the invalid, ineffective or inapplicable provision shall be used instead. The invalidity, ineffectiveness or inapplicability of one provision does not affect the validity of the other provisions. The contract (including terms and conditions) can only be amended or supplemented in writing.
These terms and conditions are valid and effective from 25/05/2018.