1.1 The purpose of these terms and conditions is to regulate the mutual rights and obligations of the provider (or seller) and the customer (or buyer) in connection with the provision of information content services and the sale of books and other printed materials.
1.2 The natural person Ivona Harčarová, U Nesypky 2763/2a, Prague 5, Smíchov, ZIP code 150 00, IČO: 09225951, DIČ: CZ685237859 provides a system of internet pages and related technologies that enables registered users – customers under the conditions set out in these terms and conditions access to the provider’s services. In addition, Natural Person Ivona Harčarová, U Nesypky 2763/2a, Prague 5, Smíchov, ZIP Code 150 00, IČO: 09225951, VAT number: CZ685237859 sells printed books and any other printed materials (hereinafter referred to as “printed products”) to customers.
1.3 The services provided by the provider include the provision of access to content in the paid parts of the provider (hereinafter referred to as “member access”), particularly to texts, videos, photos and presentations, after payment of a fee by the customer and under the conditions set out in these terms and conditions.
1.3 These terms and conditions are the provider’s proposal for concluding a contract in accordance with § 1732 of Act No. 89/2012 Coll. of the Civil Code, as amended, addressed to the customer. By entering registration data on the website www.ivonaharcar.com and accepting these terms and conditions, the customer accepts the provider’s proposal in accordance with § 1740 of the Civil Code, whereby a contract for the provision of services in accordance with these terms and conditions is concluded between the provider and the customer.
1.4. When selling printed products, these terms and conditions are the seller’s proposal for concluding a purchase contract in the sense of § 1732 of Act No. 89/2012 Coll. Civil Code, as amended, addressed to the customer addressed to the buyer. By entering registration data on the website www.ivonaharcar.com and accepting these terms and conditions, the buyer accepts the provider’s proposal in accordance with § 1740 of the Civil Code, thereby concluding a purchase contract between the seller and the buyer in accordance with these terms and conditions.
2.1 For the provision of services for the relevant time period (subscription period), the customer is obliged to pay the provider a fee (subscription) specified on the website www.ivonaharcar.com in the relevant product description.
2.2 Based on the customer’s prior consent to automatic payments, the provider is entitled to withdraw fees in advance for the next period in the form of regular payments consisting in the automatic debiting of the amount of the fee from the customer’s account by the provider (via the Gopay service). In such a case, the payment method is set indefinitely, with the customer being able to cancel it according to point 2.3. these terms and conditions. Information about automatic payments is available at this link.
2.3. If the customer wants to cancel automatic payments, he can do so no later than 2 days before the next automatic payment (about which he will be informed in advance 7 days before it is made) in the member section interface or by sending an email to info@ivonaharcar.com.
2.4 After payment of the fee in accordance with Article 2.1, the services will be provided to the customer during the paid period and in an unlimited scope (24 hours a day) until the termination of the contractual relationship by the customer or the provider. The customer is not obliged to use the paid services, but the provider is entitled to the full fee, regardless of whether the customer actually used the ordered member access services during the subscription period.
2.5 After payment of the fee, the customer will be sent an invoice to the specified email address. At the same time, it represents the customer’s confirmation of membership access.
2.6. In addition to the services provided for the subscription period, the customer can order and pay for an information content service with a one-time payment – an online course. This service is available to the customer for an unlimited period of time after paying a one-time payment (always indicated for a specific online course). All provisions of these terms and conditions apply to the provision of the information content service – online course, with the exception of points 2.1, 2.2, 2.3, 2.4 and point 2.6. Point 2.5. is applied as follows: “After paying the fee for the online course, the services will be provided to the customer for an unlimited period and in an unlimited time frame (24 hours a day). The customer is not obliged to use the paid services, but the provider is entitled to the full fee, regardless of whether the customer actually used the ordered member access services during the subscription period.”
3.1. The provider provides services (makes content available) with the understanding that it does not guarantee unlimited availability of services. The provider does not provide any guarantees in this regard. The provider is not responsible for the content and scope of the paid parts and does not guarantee the customer either the scope or the frequency with which the content of the paid parts will be changed or supplemented.
3.2 The provider is entitled to change the provided services and their structure, sections, parts and content and scope for the purpose of improving or changing the services. The provider is entitled to stop providing a certain part of the service (part, section, etc.), suspend its provision or change it, even without prior notice.
3.3 The provider is entitled to temporarily interrupt the provision of the service, for example. due to force majeure, security measures or the decision of a competent administrative authority or court, the performance of repairs necessary for the operation or maintenance of the services, without this being considered a breach of the provider’s obligation.
3.4 The provider is entitled to block the customer’s access to member access and terminate or interrupt the provision of services if the customer violates his obligation according to paragraph 1 letter 3.7 or in the event that he reasonably suspects that the prepaid services are used by more than one person based on individual login data.
3.5 Provision of the service through login data is authorized to be used exclusively by a specific customer. The customer’s individual login data are non-transferable and the customer is obliged to protect them, not to provide or make them available to a third party, nor to disclose them, not to allow them to be used or misused by a third party, and is responsible for the damage caused by their use or misuse by third parties.
3.6 The customer agrees to start providing services after payment of the fee and declares that he has been duly informed that by expressing this consent he loses the right to withdraw from the contract and these terms and conditions.
3.7 The entire content of the provider’s website, both in the part intended only for subscribers (customers) and in the part intended for all visitors, is a copyrighted work to which the provider exercises all property rights. Any copying, publication or modification is expressly prohibited and is always subject to the prior consent of the provider.
3.8 All advice, worksheets, video tutorials and any other content intended for the customer in the pre-paid part and in the public part, or printed products including links to other publications belonging to them (hereinafter referred to as “content”) in no case:
cannot be considered health care in the sense of Act No. 372/2011 Coll. Acts on health services and conditions of their provision (Act on Health Services), services related to the provision of health care and on the amendment and addition of certain laws
they are not professional recommendations of medical personnel, medical facilities, or other legally established facilities authorized to provide medical care
they do not replace proper treatment or the treatment regimen prescribed by the attending physician
do not exempt the customer from the obligation to undergo a medical examination and to comply with the prescribed treatment or treatment regimen
In case of any health problems or questions related to the use of the above content, it is necessary to consult a general practitioner or specialist in advance. When using the content, the customer should act prudently and in accordance with his age, personal and health status.
Ivona Harčarová is not responsible for damage to health or property that occurred as a result of the customer’s use of the content.
4.1. The customer is entitled to complain about service defects with the provider within 14 days from the date of occurrence of a specific defect, via e-mail at the address info@ivonaharcar.com.
4.2. The provider will confirm receipt of the complaint to the customer by replying to the complaint email.
4.3 If the customer – consumer is not satisfied with the way in which the provider handled his complaint or if he believes that the provider has violated his rights, he has the option to contact the provider with a request for correction. If the provider responds negatively to the request for correction or does not respond to it within 30 days from the date it was sent, the consumer (customer) has the right to submit a proposal to initiate an alternative resolution of their dispute in accordance with the provisions of Act No. 634/1992 Coll. of Acts on Consumer Protection.
4.4 The competent entity for the alternative resolution of consumer disputes with the provider is the Czech Trade Inspection. https://www.coi.cz); the consumer has the right to choose which of the listed entities of alternative resolution of consumer disputes to turn to.
4.5 The consumer can use the online dispute resolution platform, which is available on the website http://ec.europa.eu/consumers/odr/, to submit a proposal for an alternative resolution of their dispute.
4.6 If the customer is not satisfied with the information content services (prepaid services or online course), he can withdraw from the contract for the provision of services within 30 days of paying for the service without giving a reason. The withdrawal shall be made by sending an email to info@ivonaharcar.com or a written request to the company’s address within the specified period. The provider will return the amount paid to the customer in full within 14 days of delivery of the withdrawal.
5.1 The printed product will be delivered to the buyer using the services of third parties (contract carrier, courier service) or the seller will deliver the goods with its own resources or, based on an agreement with the buyer, the goods will be ready for delivery at the seller’s place.
5.2 The seller will deliver the printed products to the buyer as soon as possible after completing the order, sending it in accordance with point 1.4 and paying for it, within the delivery times specified on the seller’s website. The buyer acknowledges that the stated delivery dates (delivery times) are indicative only. Shipping and packing costs are covered by the seller.
5.3 If the customer is not satisfied with the purchased printed products, he can withdraw from the purchase contract within 30 days of receiving the product without giving a reason. The withdrawal shall be made by sending an email to info@ivonaharcar.com or a written request to the company’s address within the specified period. The seller will return the paid amount to the customer in full. The effect of withdrawal from the purchase contract is that the buyer is obliged to return the undamaged printed product (book or other publication) within 14 calendar days from the delivery of the withdrawal from the purchase contract to the seller’s address. The seller undertakes to return to the buyer the price paid for the relevant product within 14 calendar days from the date of receipt of the returned product in the same way as was used to pay for the goods, unless the customer requests otherwise. If the returned product is damaged, used, worn or incomplete, the seller can return the purchase price to the buyer less the value of the damage or wear of the product in question.
5.4. In the event that the goods are delivered by a contractual carrier, the buyer authorises the seller to provide the contractual carrier with necessary and necessary personal data for the purpose of delivering the goods.
5.5 In the event that the buyer does not take over the ordered printed product, with the exception of the situation of product damage during delivery (the shipment is returned as undelivered through no fault of the seller, e.g. if the contractual carrier did not find the buyer, the buyer inadvertently or intentionally did not take over the shipment, etc.), the seller can demand compensation for damages caused by a breach of an obligation subject to a contractual penalty. In such a case, the contractual penalty is set at a maximum of the amount of postage and packaging paid (a total of 150 CZK/6 EUR).
5.6 The conditions listed in Section 1. Introductory Provisions of the Terms and Conditions, in Section 4. Complaints and Alternative Resolution of Consumer Disputes and in Section 6. Final Provisions shall apply reasonably to the sale of printed products.
Final Provisions
6.1. These terms and conditions have been formulated in good faith, in order to fulfil the legal conditions and adjust the correct contractual relations between the provider (seller) and the customer (buyer). In the event that some provisions of these conditions are proved to the competent authorities of the Czech Republic to be invalid, ineffective, in whole or in part, the validity of the other provisions and the remaining parts of the relevant provision remain unaffected.
6.2 Regardless of the other provisions of these terms and conditions, the provider (or the seller) is not liable to the customer (or the buyer) for lost profit, loss of opportunity or any other indirect or consequential losses as a result of negligence, breach of the contract for the provision of services or the purchase contract or arising another way.
6.3 Legal relationships and conditions not expressly regulated here, as well as any disputes arising from non-fulfillment of these conditions, are governed by the relevant provisions of the Civil or Commercial Code.
6.4 The provider reserves the right to unilaterally change these terms and conditions, while the current version of the terms and conditions is always available on the website ivonaharcar.com
The terms and conditions are valid from July 1, 2023