General Terms & Conditions

General Terms and Conditions

I. Basic Provisions

These General Terms and Conditions (hereinafter referred to as "GTC") regulate, in accordance with § 1751 para. 1,

89/2012 Coll., the Civil Code (hereinafter referred to as the "Civil Code"), the mutual rights and obligations arising in connection with or on the basis of a contract for the provision of services (hereinafter referred to as the "Contract") concluded between the Operator and the Customer via the website www.eliskapeace.cz (hereinafter referred to as the "Website") or by other distance means.

The operator of the eliskapeace.cz website is:

Eliška Žáková, BA.

registered office: Větrná 917/17, Miroslav, 67172, ID: 07420714

registered in the Trade Register: 31.8.2018 at the Municipal Office in Moravsky Krumlov

Contact details:

e-mail: kontakt@eliskapeace.cz

phone: +420 777 826 185

website: www.eliskapeace.cz

The operator is also referred to as the provider.

Customer means any visitor to the Operator's website at eliskapeace.cz who has placed a proper order for the provision of a service via the online shop or a person who has contacted the Operator to order a service.

An entrepreneur is anyone who independently carries out, on his own account and responsibility, a gainful activity in a trade or similar manner with the intention of doing so consistently for profit.

 A consumer is any person who, outside the scope of his business activity or outside the scope of the independent exercise of his profession, an undertaking enters into a contract with the entrepreneur or otherwise deals with the entrepreneur.

For the duration of the contractual relationship arising from the order, the contract shall be stored with the operator, who shall give the customer access to it on his written request. If electronic means of communication are used to conclude the contract, the operator shall inform the customer that the concluded contract is stored in electronic form if he fills in the form on the operator's website. The contract is understood as the sending of a completed form or an e-mail or text message and the agreement of a binding date.

The contract shall be concluded in English.

All payments shall be accepted in US Dollars (USD) or Euros (EUR) to the Provider's bank account.

Costs incurred by the customer when using electronic means of distance communication in connection with the conclusion of contracts according to the GTC (in particular the cost of the internet connection) shall be borne by the customer.

The payment of the price for the provision of the service is understood as the crediting of the amount in question to the provider's account.

II. Provision of services

a) Conclusion of the contract

The Operator makes information about the services offered available via the online shop and/or other online sales tools (WhatsApp, Messenger, Facebook, etc.).

In particular, the Operator's website allows customers to view the services currently offered, including the prices of the services provided, to search for the desired items and to order the selected service. Prices are inclusive of value added tax and all related charges. The prices provided at the time of ordering are final prices. Prices remain valid for as long as they are displayed in the operator's online shop. This provision does not affect the operator's option to conclude a contract on individually agreed terms.

All presentation of services placed on the website is informative and the operator is not obliged to conclude a contract regarding this service. The operator excludes the application of the provisions of Section 1732 (2) of the Civil Code.

The customer orders the service by distance directly from the operator, directly from the online shop via a form created for this purpose (hereinafter referred to as the "form"). The form contains in particular information on: (i) the service ordered, (ii) the method of payment of the price of the service provided, and (iii) the personal data necessary for the proper conclusion of the contract (hereinafter referred to as the "order"), or via the operator's e-mail or a telephone call to the operator.

By submitting an order, the customer confirms that he/she has read these GTC and agrees to them. These terms and conditions form an integral part of the concluded contract. In the case of ordering the service by phone call or e-mail, the customer confirms by concluding the contract that he/she has read these GTC and agrees to them.

The customer sends the form to the operator by clicking on the "subscribe" button. The information provided in the order form is considered correct by the operator. The order thus delivered shall constitute a valid and binding proposal for the conclusion of a contract if it contains all the elements required by the form. The Operator shall promptly confirm to the Customer that the order has been received. The contract is concluded at the moment when the Operator confirms the order and such order confirmation is delivered to the Customer. The same applies if the contract is concluded by e-mail. In the event that the contract is concluded by telephone call, the contract is concluded at the moment of mutual agreement on the terms of the contract.

The operator reserves the right not to conclude the contract or to withdraw from the contract if the operator no longer supplies the service and/or the price of the service has changed substantially. In the event that this situation arises, the operator will contact the customer immediately in order to agree on a further course of action. In the event that the customer has already paid part or all of the price, the amount will be transferred back to the customer's account or address as soon as possible, within 10 working days, but at the latest within 30 days of the operator's non-confirmation or withdrawal from the contract.

The Operator also reserves the right to refuse an order from a customer who has not paid the service ordered in a timely manner in the past.

b) Delivery and payment of the purchase price of the service provided

All services are provided by the provider by telephone, Skype or WhatsApp in the form of a video call with the customer being contacted by the provider.

Payment of the price for the service provided is a condition of the service provided. The provision of the service starts at the precisely agreed hour. In case the customer is not ready for the service at the agreed hour, the missed time is counted towards the consultation time. In the event that the provider is not ready at the agreed upon hour, the provider will make up the missed time to the customer at an alternate time. If the service does not take place due to reasons on the customer's side, without the customer having excused his/her absence at least 48 hours in advance, the service shall be deemed to have been provided.

The Provider undertakes to keep confidential all facts relating to the privacy or business secrets of the Customer, the disclosure of which could lead to damage to the Customer. The content of the consultation is confidential.

The provider is not responsible for the results in the customer's intellectual development, as these are dependent on the overall work in the area of intellectual development. The services provided are not a substitute for health care.

The cost of the service provided is paid by wire transfer to the account.

Any discounts on the price provided by the provider to the customer cannot be combined with each other.

c) Other rights and obligations of the Parties

The Provider is not bound by any codes of conduct in relation to the Customer within the meaning of Section 1826(1)(e) of the Civil Code.

III. Consumer rights

The consumer has the following rights, which do not apply to entrepreneurs:

Pre-contractual information is published on the website and in these GTC.

The consumer agrees that the provider may start providing the service under a contract concluded in accordance with the GTC immediately after its conclusion, even before the expiry of the statutory withdrawal period. The consumer acknowledges that if the provider's obligations under the contract concluded in accordance with these GTC are fulfilled before the expiry of the statutory withdrawal period, the consumer shall not have the right to withdraw from the contract in accordance with the provisions of Section 1829(1) of the Civil Code as a result of the consent given in the preceding sentence.

Unless it is a case where the contract cannot be withdrawn from (the provisions of paragraph b) of this article), the consumer is entitled to withdraw from the contract concluded under these terms and conditions within fourteen days of its conclusion. The right to withdraw from the contract within the statutory period of 14 days shall be exercised by the consumer by sending an e-mail to the operator containing information about the withdrawal from the contract. The information shall read as follows: "I, the undersigned XY, born on 000000, withdraw from the contract dated ............., which was concluded with you on the one hand as the operator and my person on the other hand as the customer."

V. Intellectual property and know-how of the operator

All texts and photographs are the property of the operator and may not be used in any way without his consent.

VI. Final provisions

The contractual relationship between the operator and the customer who is a consumer is governed by these GTC and the relevant provisions of the Civil Code and Act No. 634/1992 Coll., on Consumer Protection, as well as related regulations.

The contractual relationship between the operator and the customer who is not a consumer is governed by these GTC insofar as it applies to him and the relevant provisions of the Civil Code.

The Operator reserves the right to change the content of the GTC. The updated version of the GTC will always be published on the Operator's website and information about the change of the GTC will be made at the Operator's option, as a rule, by publishing the relevant information together with the updated version of the GTC in an appropriate format by means of a suitable notice. Such change shall come into effect upon the expiry of a period of time set by the Operator, which shall be a minimum of 30 days from the date of notification of the change to the GTC.

In the event that the Customer does not agree to the relevant change to the GTC, the Customer shall be entitled to terminate the Contract no later than 5 days before the relevant change to the GTC takes effect. If the customer does not exercise his right to terminate the contract, he is deemed to have accepted the change in the GTC. However, the Operator reserves the right to accept such a change to the GTC which does not involve the Customer's right to terminate the contract, provided that the Customer will only be bound by such a change if he agrees to it.

Special arrangements between the Operator and the Customer deviating from these GTC shall prevail.

The provisions of Section 1793 of the Civil Code (undue hardship) and Section 1796 (usury) of the Civil Code shall not apply to the contractual relationship between the Customer and the Operator of which these GTC form part, insofar as the Customer is an entrepreneur. Both the customer and the operator assume the risk of change of circumstances within the meaning of Section 1765 of the Civil Code.

The customer's reply with an amendment or deviation within the meaning of Section 1740(3) of the Civil Code is not an acceptance of the offer to conclude a contract, even if it does not substantially change the terms of the offer.

Neither the operator nor the customer wishes, beyond the express provisions set out in the order or its confirmation or in the written contract, to imply any rights and obligations from past or future practice established between the parties or from customs observed generally or in the industry relating to the subject matter of their contractual relationship, unless otherwise agreed in writing. In addition to the foregoing, the Parties acknowledge that they are not aware of any custom or practice heretofore established between them.

All information on data protection, in particular on the purposes and methods of processing, as well as your rights in relation to the processing of your personal data, can be found at www.eliskapeace.cz

If any provision of the GTC is or becomes invalid or ineffective, the invalid provision will 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 other provisions of the GTC.