Terms and Conditions
Terms and conditions for the sale of online and physical products.
These Terms and Conditions (hereinafter referred to as „Terms and Conditions“) Bc. Libor Mattuš, with registered office at V Čejkovická 4114, Postal Code: 628 00 Brno, ID No.: 04356306, Tax ID No.: CZ9003284092, (hereinafter referred to as the „Seller“) regulate the mutual rights and obligations of the parties arising in connection with or on the basis of a purchase contract (hereinafter referred to as the „Purchase Contract“) concluded between the Seller and another natural or legal person (hereinafter referred to as the „Buyer“) through the Seller’s online store. The online shop is operated by the Seller on the internet address https://chladovaterapie.cz, https://libormattus.com, through a web interface (hereinafter referred to as the „web interface of the shop“).
The Terms and Conditions further regulate the rights and obligations of the parties when using the Seller’s website located at https://chladovaterapie.cz, https://libormattus.com (hereinafter referred to as the „Website“) and other related legal relations. The terms and conditions also include the information published on the Website.
Any deviating provisions in the Purchase Agreement shall prevail over the provisions of the Terms and Conditions. The provisions of the Terms and Conditions shall prevail over the provisions on the Website.
The provisions of the Terms and Conditions are an integral part of the Purchase Contract as in force on the date of its conclusion.
2.Conclusion of the purchase contract
The web interface of the shop contains a list of goods offered for sale by the Seller, including the prices of the individual goods offered. The prices of the goods offered are inclusive of value added tax. The offer for sale of goods and the prices of these goods remain valid for as long as they are displayed in the web interface of the shop. This provision does not limit the seller’s ability to conclude a purchase contract on individually agreed terms. All offers for sale of goods placed in the web interface of the shop are non-binding and the seller is not obliged to conclude a purchase contract in respect of these goods.
To order goods, the Buyer shall fill in the order form in the web interface of the Shop. The order form contains in particular information about: the goods ordered (the goods ordered are „placed“ by the Buyer in the electronic shopping cart of the web interface of the Shop) and the method of payment of the purchase price of the goods, (hereinafter collectively referred to as the „order“).
Prior to sending the order to the Seller, the Buyer is allowed to check and change the data entered by the Buyer in the order, including with regard to the Buyer’s ability to detect and correct errors arising during the data entry in the order. The Buyer sends the order to the Seller by clicking on the „Send Order“ button. The data provided in the order is considered correct by the Seller. The Seller shall confirm receipt of the order to the Buyer immediately upon receipt by e-mail to the Buyer’s e-mail address specified in the user interface or in the order (hereinafter referred to as the „Buyer’s e-mail address“).
The contractual relationship between the Seller and the Buyer is established upon acceptance of the order (acceptance).
The Buyer acknowledges that the Seller is not obliged to conclude a purchase contract, in particular with persons who have previously substantially breached the purchase contract (including the terms and conditions).
The Buyer agrees to the use of remote means of communication in concluding the Purchase Contract. Costs incurred by the Buyer in using remote means of communication in connection with the conclusion of the Purchase Contract (internet connection costs, telephone call costs) shall be borne by the Buyer.
3.Price of goods and payment terms
The Buyer may pay the price of the Goods to the Seller only by bank transfer.
An order is deemed to be accepted when payment is credited to the Seller’s account. From that moment the order is binding for both parties. The Buyer will be informed of the payment and will receive an invoice by e-mail to the e-mail address provided by the Buyer.
Based on the received order, the purchased product (PDF, video, text) appears in the Buyer’s user account or is sent to the Buyer by mail.
The Buyer is informed by email that the order is closed.
The Buyer shall take delivery of the Product by opening and downloading the first Products in his/her user account or by taking delivery. The Buyer’s first download of a Product or receipt of a shipment (hereinafter referred to as „Acceptance“) shall be deemed to be the Buyer’s legal acceptance of the Product.
The Buyer further acknowledges that the Product contains materials covered by the intellectual property of the author. All materials are therefore intended for his use only. The Buyer agrees not to redistribute such materials, nor to share the links received with other people. The purchaser agrees not to redistribute the course or provide the materials to third parties. Unauthorized distribution of the Product by third parties may have legal consequences for the Buyer.
4.Withdrawal from the Purchase Contract
Except for the cases provided for in Section 1837 of Act No. 89/2012 Coll., Civil Code, as amended (hereinafter referred to as the „Civil Code“) or other cases where the purchase contract cannot be withdrawn from, the Buyer has the right to withdraw from the purchase contract within fourteen (14) days of receipt of the goods in accordance with Section 1829 of the Civil Code. Withdrawal from the purchase contract must be delivered to the seller within fourteen (14) days of receipt of the goods, to the seller’s business address. The sample withdrawal form below may be used for withdrawal.
Notification of withdrawal from the contract
Bc. Libor Mattuš with registered office at V Čejkovická 4114, Postal Code: 628 00 Brno, ID No.: 04356306
I/We hereby notify(*) that I/We hereby withdraw from the contract for the purchase of this
Date of order(*)/
Name and surname
Address of consumer(s)
Signature of consumer(s) (only if this form is sent in paper form)
(*)Delete where not applicable or complete the information.
5.Other rights and obligations of the parties
The Buyer acquires ownership of the Goods upon payment of the full purchase price of the Goods.
The Buyer acknowledges that the software and other components forming the web interface of the Shop (including photographs of the goods offered) are protected by copyright. The Buyer undertakes not to take any action that could enable him or third parties to interfere with or make unauthorised use of the software or other components of the web interface of the Shop.
The Buyer is not entitled to use mechanisms, software or other procedures when using the web interface of the Shop that could negatively affect the operation of the web interface of the Shop. The web interface of the Shop may only be used to the extent that it does not infringe the rights of other customers of the Seller and is consistent with its purpose.
The Buyer acknowledges that the Seller shall not be liable for any errors resulting from third party interference with the website or from the use of the website contrary to its intended use.
6.Protection of personal data and sending commercial communications
The Buyer agrees to the processing of the following personal data: name and surname, home address, identification number, tax identification number, e-mail address, telephone number, user information about his/her behaviour on the web interface, settings of the programs used, internet behaviour and cookies (hereinafter collectively referred to as „personal data“) for marketing and business purposes of the Seller and third parties.
The Buyer consents to the processing of personal data by the Seller for the purposes of exercising the rights and obligations under the Purchase Agreement and for the purposes of sending information and commercial communications to the Seller. The Seller may delegate the processing of the Buyer’s personal data to a third party as a processor. Apart from the persons transporting the goods, personal data will not be transferred by the Seller to a third party without the Buyer’s prior consent.
The Buyer acknowledges that he/she is obliged to provide his/her personal data (when registering on the website, in his/her user account, when placing an order from the web interface of the shop) correctly and truthfully and that he/she is obliged to inform the Seller without undue delay of any change in his/her personal data.
Personal data will be processed for an indefinite period of time. The personal data will be processed in electronic form in an automated manner or in printed form in a non-automated manner.
The Buyer confirms that the personal data provided is accurate and that he/she has been advised that this is a voluntary provision of personal data. The Buyer declares that he/she has been advised that he/she may withdraw consent to the processing of personal data in relation to the Seller by written notice delivered to the Seller’s address.
If the buyer requests information about the processing of his personal data, the seller is obliged to provide him with this information. The Seller shall be entitled to charge a reasonable fee for the provision of information pursuant to the preceding sentence, not exceeding the costs necessary to provide the information.
The Buyer consents to the Seller sending information related to the Seller’s goods, services or business to the Buyer’s electronic address and further consents to the Seller sending commercial communications to the Buyer’s electronic address.
The competence of the supervisory and supervisory authority for the protection of personal data is exercised by the Office for Personal Data Protection based in Prague, to which the Buyer may turn in the event of a violation of the protection of his personal data by the Seller.
The Czech Trade Inspection Authority (Czech Trade Inspection Authority, headquarters Štěpánská 567/15, 120 00, ID No.: 000 20 859, internet address: www.coi.cz) is competent for out-of-court settlement of consumer disputes arising from purchase contracts concluded under these Terms and Conditions. The initiation of out-of-court dispute resolution shall be without prejudice to the Buyer’s right to apply to supervisory and state control authorities.
Unless otherwise agreed, all correspondence relating to the Purchase Contract must be delivered to the other party in writing by electronic mail, in person or by registered mail via the postal service provider (at the sender’s choice). Withdrawal from the contract must be delivered to the seller in writing in paper form. It shall be delivered to the Buyer at the e-mail address indicated in his/her user account.
If the relationship related to the use of the website or the legal relationship established by the purchase contract contains an international (foreign) element, then the parties agree that the relationship is governed by Czech law. This is without prejudice to the consumer’s rights under generally binding legislation.
If any provision of the Terms and Conditions is or becomes invalid or ineffective, the invalid provision shall 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. Amendments and supplements to the contract of sale or the terms and conditions shall be in writing.
Seller’s contact details: Bc. Libor Mattuš, residing at Čejkovická 4114, Postcode: 628 00 Brno, ID: 04356306; firstname.lastname@example.org, +420 607 789 539.
These Terms and Conditions shall come into force on 1 August 2022.