Terms and conditions

GENERAL TERMS AND CONDITIONS

Dear visitors of the website www.luciebubak.com and mentorkalucie.cz and users of services and digital content sold through this website, these Terms and Conditions contain important information you should review before ordering and purchasing services or digital content via www.luciebubak.com and mentorkalucie.cz Provider:

Lucie Dědková – podnikatelská mentorka s.r.o.

Registered office: Varšavská 715/36, Praha, 120 00

Company ID (IČO): IČO 10910999

The company is registered in the Commercial Register maintained by the Municipal Court in Prague, file no. C 350566

email: lucie@astodelo.cz

(hereinafter referred to as the “Provider”)

I. General Provisions

1. These Terms and Conditions are governed by Section 1751(1) of Act No. 89/2012 Coll., the Civil Code, as amended (hereinafter referred to as the “Civil Code”), and regulate the mutual rights and obligations of the contracting parties in connection with the purchase and use of services and digital content between the Provider and the customer, as presented on the website www.luciebubak.com and mentorkalucie.cz (hereinafter also referred to as the “website” and/or “Provider’s services”).

2. The contract / contractual relationship (conclusion of a service agreement, purchase agreement for goods, or agreement for the provision of digital content, hereinafter referred to as the “contract”) between the Provider and the customer is established upon acceptance of the submitted order, which is sent by the Provider to the customer via email. These Terms and Conditions define the rights and obligations between the Provider and the customer and form an integral part of the contractual relationship.

3. The customer agrees to the use of distance communication means when concluding the contract.

4. If the customer provides their Company ID (IČO) and billing details in the order and intends to conclude the contract within the scope of their business activity, they will not be considered a consumer for the purposes of the contractual relationship.

5. If the customer does not provide their Company ID (IČO) and billing details in the order, they will be considered a consumer, and the provisions of Act No. 634/1992 Coll., on Consumer Protection, shall apply.

6. The Provider reserves the right that the services presented may not always be available and may only be provided during certain periods. These conditions are always stated in the descriptions of services and digital content on the website or in sales materials.

II. Order and Conclusion of the Contract

1. The Provider’s website contains a list and description of the offered services and digital content, including their prices and other essential information for customers.

2. To place an order, the customer selects the relevant option on the website and completes the order form in the Provider’s web interface. The order form contains, in particular, information about the ordered service or digital content and the required data necessary for concluding the contract and issuing an invoice.

3. The customer submits the order to the Provider by completing and confirming the order form. The customer acknowledges that by placing the order, they are obligated to make payment. The Provider will promptly confirm receipt of the order via email to the customer’s provided email address.

4. The Provider is not obliged to accept an order or conclude a contract with the customer. This reservation applies in particular to individuals who have significantly violated the rights or legitimate interests of the Provider or these Terms and Conditions.

5. If the customer fails to pay the full price within 10 days after the due date, the contract is automatically terminated from the beginning. If the customer has already made a partial payment, the Provider will refund it within one week of the contract termination to the account from which the payment was made, unless otherwise agreed.

6. In order for the customer to access certain services and products, the Provider may create a user account for the customer. The customer is obliged to keep their login credentials confidential and not allow third parties to use them. The customer also undertakes to keep the information in their user account accurate and up to date.

7. The customer acknowledges that if a personal or online consultation is included in the price or product, it is possible to request a change of the scheduled date no later than 5 working days before the event. This option can only be used once per product or service. In exceptional cases, an individual agreement may be arranged, but there is no automatic right to a change. 

III. Price and Payment Terms

1. The customer gains access to services or digital content only after full payment of the stated price, unless otherwise specified in the order form or product/service description.

2. The price of the service or digital content and the payment method are stated upon order acceptance (in the case of bank transfer, the payment due date is 10 days). The Provider explicitly informs customers that for educational events or consultations with a fixed start date, the price must be paid no later than 5 days before the event.

3. A tax document (invoice) will be issued by the Provider after payment and sent electronically to the customer’s email address.

IV. Delivery Terms

1. In the case of an e-book purchase, digital content in PDF format (or similar, as specified in the product description) will be delivered after payment to the email address provided by the customer, either as an email attachment or via a download link. The standard delivery time is up to 3 days after payment.

2. Unless otherwise stated in the product description, when purchasing an online course, a user account will be created after payment, and login credentials will be sent to the customer’s email. If the course is delivered via another platform, access details for that platform will be provided. If the course starts on a specific date for all participants, access details will be sent in advance. After logging in, the digital content (online course) will be made available in the member section or on the relevant platform, usually within 3 days after payment, unless a specific launch date is set.

If appropriate due to the structure of the content, individual lessons will be released gradually according to the schedule published in the course member area.

3. Unless otherwise stated in the product description, the Provider does not provide updates to digital content.

4. Club

The club operates on a membership basis, with three membership options, each for a period of one calendar year. The membership fee is paid monthly in the form of recurring payments over the duration of one year. The minimum membership period is one year. Before this period ends, recurring payments cannot be canceled, as the set price applies to the full period and is only divided into monthly installments. After the minimum membership period, the customer may terminate their membership by sending an email to the Provider. Until such notice is sent, the customer remains bound by the membership and recurring payments. Membership will be terminated no later than 10 days after the termination notice is sent. Until that time, the customer is still obligated to make the corresponding payments. The customer ceases to be a member on the day following the last paid period. From that moment, access to the club content will be revoked. Membership payments are processed automatically via an external payment gateway provider that ensures secure online transactions. The Provider reserves the right to allow access to the club only after certain conditions are met or based on a prior introductory call or questionnaire.

Goods

5. When purchasing goods, the ordered items will be delivered by post to the address specified in the order. The Provider fulfills its delivery obligation by handing over the goods to the carrier selected by the customer. Unjustified refusal to accept the delivery is not considered a failure to deliver the goods and does not constitute withdrawal from the contract by the customer. If damage to the packaging is detected upon delivery, the customer must report it immediately to the carrier. By signing the delivery note or a similar document, the customer confirms that the goods were delivered in intact packaging and cannot later claim damage due to packaging defects. Refusal to accept a shipment with visibly damaged packaging is not considered unjustified. In such a case, the customer must contact the Provider without delay. The customer is responsible for paying shipping and packaging costs as stated in the order. If delivery must be repeated or carried out by a different method due to reasons on the customer’s side, the customer is obliged to cover the additional costs. If the customer unjustifiably refuses to accept the shipment, the Provider is entitled to reimbursement of costs related to delivery, storage, and any additional expenses incurred.

Educational Events

6. Educational events are provided under the conditions specified in the event description on the website or as individually agreed. The Provider reserves the right to unilaterally change the conditions of the event, such as the lecturer, schedule, or location. This also applies whether the event is held online (e.g. streamed lectures) or in person (e.g. seminars). Educational events will only take place if the minimum number of participants, as determined by the Provider, is reached and paid. The Provider reserves the right to cancel the event if the minimum number of participants is not met or in cases of force majeure.

General Provisions

7. The Provider reserves the right to exclude a customer from participation in an online course, educational event, or related Facebook group (or other community platform) if the customer disrupts the course of the event (e.g. inappropriate behavior, insulting other participants, etc.). In such a case, the customer is not entitled to a refund.

Special Provisions for Subsidized Courses

8. As the Provider offers certain courses for which it is possible to receive a subsidy covering part or all of the price, the following rules apply:

a) The Provider explicitly informs customers that if they intend to use a subsidy (e.g. from the Labour Office or other third-party funding), and such subsidy is not granted for reasons on the side of the customer or the granting authority, this does not entitle the customer to withdraw from the contract due to the subsidy not being granted. In such a case, the customer is obliged to pay the full price of the ordered product from their own funds.

b) If the customer orders a course and a subsidy or grant covering part or all of the price is approved, and the customer subsequently withdraws from the contract with the Provider, the customer is obliged to pay a cancellation fee of 18% of the course price. This cancellation fee is charged to cover administrative costs incurred by the Provider in arranging the subsidy (grant) for a course that the customer does not use. The Provider is entitled to offset the cancellation fee against the amount already paid for the course or part thereof.

V. Withdrawal from the Contract

1. The Provider is entitled to withdraw from the contract if it is not possible, for objective reasons, to provide the service, digital content, or goods under the originally agreed conditions, if performance becomes objectively impossible or unlawful, or in the case of a material breach of these Terms and Conditions, the contract, or inappropriate, offensive, or similar conduct by the customer when using the website or the Provider’s services. Withdrawal becomes effective upon delivery of the notice to the customer.

2. In accordance with Section 1829(1) of the Civil Code, the customer has the right to withdraw from a purchase contract for goods within 14 days of receiving the goods. In such a case, the contract is terminated from the beginning. The customer must return the goods to the Provider without undue delay. The customer bears the costs associated with returning the goods. If the customer withdraws from the contract, the Provider will refund the received funds without undue delay, using the same payment method used by the customer. The Provider is not obliged to refund the payment before the goods are returned or the customer proves that the goods have been sent back. The Provider is entitled to unilaterally offset any claim for damages caused to the returned goods by the customer, in particular due to damage, irreversible wear, or use beyond what is necessary to test the goods.

3. In the case of digital content, which is made available to the customer immediately after the contract is concluded in a manner that excludes the possibility of return, the customer is not entitled to withdraw from the contract within 14 days without giving a reason. Due to these circumstances, the right of withdrawal within 14 days for contracts concluded remotely does not apply to digital content and services provided via the Provider’s website or other online platforms. By using the Provider’s website, the customer expressly agrees to this. If a specific product allows withdrawal under different conditions, this will always be stated in the product description or order details, including the applicable withdrawal period.

4. A customer acting as a consumer is further entitled to withdraw from a contract for the provision of digital content concluded remotely if the Provider fails to deliver the digital content without undue delay after payment or within an additional period set by the customer. The customer may withdraw from the contract without setting an additional period only if it is clear from the Provider’s statement or from the circumstances that the Provider will not deliver the digital content, or if timely performance is essential based on the agreement of the parties or the circumstances at the time of contract conclusion. However, this provision does not apply to pre-sales, where a specific delivery date has been set.

5. The Provider is entitled to withdraw from the contract if it is not possible, for objective reasons, to provide the service under the originally agreed conditions, if performance becomes objectively impossible or unlawful, or in the event of a material breach of these Terms and Conditions, the contract, or inappropriate, offensive, or similar conduct by the customer when using the website or the Provider’s services. Withdrawal becomes effective upon delivery of the notice to the customer.

VI. Complaints and Claims

1. If the purchased product is a service or digital content, the customer is entitled, in accordance with Section 1914 of the Civil Code, to exercise their rights arising from defective performance if the provided service does not correspond to the order, is technically unavailable, or if part of it is missing. The customer must report the defect to the Provider via email without undue delay after discovering it. Upon receiving a complaint, the Provider will promptly provide a remedy in accordance with the order.

2. The Provider is responsible for ensuring that the product (goods or service) is free of defects at the time of delivery. If the customer is a consumer and a defect appears within 6 months of delivery, it is presumed that the product was defective at the time of delivery. The Provider further guarantees that defects in goods will not occur within the warranty period of 24 months from delivery. If the customer is not a consumer, the Provider is only responsible for defects present at the time of delivery.

3. In the event of a defect that cannot be remedied, or in the case of repeated defects or a greater number of defects, the customer has the right to request a replacement of the product with a new one, if the nature of the product allows it, or to withdraw from the contract. In the case of a remediable defect, the customer may request its removal, a reasonable discount on the price, or (if not disproportionate) a replacement of the product. The choice of remedy lies with the customer.

4. Complaints must be submitted without undue delay after discovering the defect to: lucie@astodelo.cz. As stated above, defects in goods may be claimed within a warranty period of 24 months from delivery, and for other products within 6 months from delivery.

VII. Liability for Defects in Digital Content

1. The customer is entitled to exercise their rights arising from defective performance if the digital content is defective. A consumer may report a defect within 6 months of receiving the digital content. If possible, the customer may request that the defect be remedied (unless this is impossible or would involve disproportionate costs). The customer must report the defect to the Provider via email without undue delay after discovering it. Upon receiving a complaint, the Provider will remedy the defect within a reasonable time so as not to cause significant inconvenience to the customer. If the customer is not a consumer, the Provider is only liable for defects that existed at the time of delivery and are reported without undue delay.

2. A consumer may request a reasonable discount or withdraw from the contract if the Provider fails to remedy the defect, if the defect reappears, or if it constitutes a material breach of the contract. The choice of remedy lies with the customer. However, the customer is not entitled to withdraw from the contract in the case of a minor defect.

3. In accordance with applicable law, a reasonable discount is determined as the difference between the value of defect-free digital content and the defective digital content provided. If the digital content is provided over a certain period, the duration during which it was defective is taken into account. If the digital content is provided in exchange for personal data instead of payment, the customer is not entitled to a price reduction.

4. Any monetary amounts that the Provider is obliged to return to the customer due to defective performance – whether in the form of a reasonable discount or in the case of withdrawal from the contract – shall be refunded by the Provider at its own expense without undue delay, no later than 14 days from the date on which the customer exercised the relevant right arising from defective performance. The rights and obligations relating to defective performance are governed by the applicable generally binding legal regulations (in particular Sections 1914–1925, 2161–2174b, and 2389a et seq. of the Civil Code).

5. Defects in digital content must be reported without undue delay after discovery to the email address: lucie@astodelo.cz.

VIII. Liability for Defects in Goods

1. The Provider is responsible for ensuring that the goods are free from defects at the time of delivery to the customer. The Provider guarantees to consumers that defects will not occur within the warranty period of 24 months from delivery. If the customer is a consumer and a defect appears within 12 months of delivery, it is presumed that the item was defective at the time of delivery. If the defect appears after 12 months, the customer must prove that the item was already defective at the time of delivery. If the customer is not a consumer, the Provider is only liable for defects that existed at the time of delivery and that are reported without undue delay. Defects covered by a warranty must be claimed with the guarantor (which may differ from the Provider) within the period specified by the warranty.

2. If the item has a defect, the customer may request its removal. At their discretion, the customer may request delivery of a new item without defects or repair of the item, unless the chosen method is impossible or would involve disproportionate costs. The Provider may refuse to remedy the defect if it is impossible or disproportionately costly, particularly with regard to the significance of the defect and the value the item would have without the defect. The Provider shall remedy the defect within a reasonable time after it has been reported, so as not to cause significant inconvenience to the customer, taking into account the nature of the item and the purpose for which the customer purchased it.

3. The customer may request a reasonable discount or withdraw from the contract if the Provider refuses to remedy the defect, fails to remedy it in accordance with the law, if the defect reoccurs, or if the defect constitutes a material breach of the contract. The same applies if it is evident from the Provider’s statement or the circumstances that the defect will not be remedied within a reasonable time or without significant inconvenience to the customer. The choice of remedy lies with the customer.

4. A reasonable discount shall be determined as the difference between the value of the item without defects and the defective item received by the customer.

5. The customer may not withdraw from the contract if the defect is insignificant.

6. Any monetary amounts that the Provider is obliged to return to the customer due to defective performance (whether in the form of a reasonable discount or in the case of withdrawal from the contract) shall be refunded by the Provider at its own expense without undue delay. In the case of withdrawal by the customer, the refund will be made after the Provider receives the item or after the customer proves that the item has been sent.

7. The rights and obligations of the contracting parties relating to defective performance are governed by the applicable generally binding legal regulations (in particular Sections 1914–1925, 2099–2117, and 2161–2174b of the Civil Code).

8. Claims arising from liability for defects must be reported to the Provider without undue delay after discovery via email: lucie@astodelo.cz.

As a general rule, the Provider will process complaints within 30 days of receipt. If this deadline cannot be met for serious reasons, the Provider will inform the customer within the same 30-day period of the expected resolution date.

IX. Final Provisions

1. The Provider delivers services in the scope and manner described in the service description. The Provider shall not be liable for the customer achieving any financial gain or other specific results from using the services, as such outcomes depend partly or entirely on the customer’s own activity, third parties, or force majeure.

2. The Provider is the author and holder of copyright to the services, websites, and their individual components, where they qualify as copyrighted works, unless stated otherwise. The Provider is also the author and holder of copyright to parts of online products where they qualify as copyrighted works. Any use of such works without the Provider’s consent, or any other unauthorized exercise of rights, is prohibited. This prohibition includes, in particular, unauthorized copying, reproduction, distribution, or other misuse of websites, articles, online recordings, audiovisual works, and similar content.

3. The Czech Trade Inspection Authority (Česká obchodní inspekce), with its registered office at Gorazdova 1968/24, 120 00 Prague 2, Company ID: 000 20 869, website: https://adr.coi.cz/cs, is the competent authority for the out-of-court resolution of consumer disputes arising from contracts. The online dispute resolution platform available at http://ec.europa.eu/consumers/odr may also be used to resolve disputes between the Provider and the customer, if the dispute is of a consumer nature.

4. The Provider uses reviews from real customers of its services and digital content within its online presentation. These reviews are obtained either from spontaneous written feedback provided by customers or upon request after the service has been used or digital content consumed. The Provider always requests reviews from specific (paying) customers. Reviews are not edited; however, the Provider reserves the right to shorten them or correct grammatical or stylistic errors for editorial purposes.

5. Any provisions deviating from these Terms and Conditions may be agreed upon in a contract concluded between the Provider and the customer. Such deviating provisions shall prevail over these Terms and Conditions.

6. Information regarding personal data protection and the use of cookies can be found in the relevant sections of the website.

7. The Provider may amend or supplement these Terms and Conditions at any time. Such changes become effective upon publication on the Provider’s website. This does not affect the rights and obligations arising during the period of validity of the previous version of the Terms and Conditions.

8. If any provision of these Terms and Conditions is or becomes invalid or ineffective, it 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 remaining provisions.

9. Matters not regulated by these Terms and Conditions shall be governed by Act No. 89/2012 Coll., the Civil Code, and, where the customer is a consumer, also by Act No. 634/1992 Coll., on Consumer Protection.

10. Any disputes arising from contracts between the Provider and its customers shall be resolved by the competent general courts.

These Terms and Conditions come into force and effect on 29 October 2024.

Lucie Dědková – podnikatelská mentorka s.r.o.