General Terms and Conditions

of the business company Ing. Petra Vrbová, Ph.D., with its registered office at Písečná 155, 561 70, identification number: 08809593 registered in the Trade Register, for the sale of marketing services and goods through an online store located at the internet address www.digitalhrmarketing.com.

1. Introductory Provisions

These terms and conditions (hereinafter referred to as “terms and conditions”) of the business company Ing. Petra Vrbová, Ph.D., with its registered office at Písečná 155, 561 70, identification number: 08809593, registered in the Trade Register (hereinafter referred to as the “seller”) regulate in accordance with the provisions of Section 1751 (1) of Act No. 89/2012 Coll., the Civil Code (hereinafter referred to as the “Civil Code”) the mutual rights and obligations of the contracting parties arising in connection with or based on the purchase contract (hereinafter referred to as the “purchase contract”) concluded between the seller and another natural person (hereinafter referred to as the “buyer”) through the seller’s online store. The online store is operated by the seller on the website located at www.digitalhrmarketing.com (hereinafter referred to as the “website”), through the website interface (hereinafter referred to as the “web interface of the store”).

These terms and conditions do not apply to cases where the person intending to purchase goods from the seller is a legal entity or a person acting in ordering goods within their business activity or within their independent performance of a profession.

Deviating provisions from the terms and conditions may be agreed upon in the purchase contract. Deviating agreements in the purchase contract shall take precedence over the provisions of the terms and conditions.

The provisions of the terms and conditions are an integral part of the purchase contract. The purchase contract and the terms and conditions are drawn up in the Czech language. The purchase contract can be concluded in the Czech language.

The seller may change or supplement the wording of the terms and conditions. This provision does not affect the rights and obligations arising during the effectiveness of the previous wording of the terms and conditions.

1. User Account

Based on the registration of the buyer made on the website, the buyer can access their user interface. From their user interface, the buyer can place orders (hereinafter referred to as the “user account”). If the web interface of the store allows it, the buyer can also place orders directly from the web interface of the store without registration.

When registering on the website and when ordering goods, the buyer is obliged to provide all data correctly and truthfully. The data provided in the user account must be updated by the buyer in case of any changes. The data provided by the buyer in the user account and when ordering goods are considered correct by the seller.

Access to the user account is secured by a username and password. The buyer is obliged to maintain confidentiality regarding the information necessary to access their user account.

The buyer is not authorized to allow third parties to use their user account.

The seller may cancel the user account, especially if the buyer does not use their user account for more than 5 years or if the buyer violates their obligations from the purchase contract (including the terms and conditions).

The buyer acknowledges that the user account may not be available continuously, especially with regard to the necessary maintenance of the seller’s hardware and software equipment, or the necessary maintenance of the hardware and software equipment of third parties.

III. Conclusion of Purchase Contract

All presentations of goods placed in the web interface of the store are of an informative nature, and the seller is not obliged to conclude a purchase contract regarding this goods. The provisions of Section 1732 (2) of the Civil Code shall not apply.

The web interface of the store contains information about the goods, including the indication of prices of individual goods. The prices of goods are stated including value-added tax and all related fees. The prices of goods remain valid while they are displayed in the web interface of the store. This provision does not limit the seller’s ability to conclude a purchase contract under individually agreed conditions.

The web interface of the store also contains information about the costs associated with packaging and delivery of goods. The information on the costs associated with the packaging and delivery of goods stated in the web interface of the store applies only in cases where the goods are delivered within the territory of the Czech Republic.

To order goods, the buyer fills out an order form in the web interface of the store. The order form includes, in particular, information about:

• the ordered goods (the buyer “places” the ordered goods into the electronic shopping cart of the web interface of the store),
• the method of payment of the purchase price of the goods, data on the desired method of delivery of the ordered goods, and information on the costs associated with the delivery of goods (hereinafter collectively referred to as the “order”).
• Before submitting the order to the seller, the buyer is allowed to check and modify the data they entered into the order, even with regard to the buyer’s ability to detect and correct errors made when entering data into the order. The buyer submits the order to the seller by clicking on the “Place Order” button. The data listed in the order they send to the seller are considered correct by the seller. Upon receipt of the order, the seller will confirm its receipt to the buyer by email to the buyer’s email address specified in their user account or in the order (hereinafter referred to as the “buyer’s email address”).
• Depending on the nature of the order (quantity of goods, purchase price, estimated shipping costs), the seller is always entitled to ask the buyer for additional confirmation of the order (for example, in writing or by phone).
• The contractual relationship between the seller and the buyer arises upon delivery of the acceptance of the order, which is sent by the seller to the buyer by email to the buyer’s email address.
• The buyer agrees to the use of means of distance communication when concluding the purchase contract. Costs incurred by the buyer when using means of distance communication in connection with the conclusion of the purchase contract (costs of internet connection, costs of telephone calls) are borne by the buyer themselves, these costs do not differ from the basic rate.

1. Price of Goods and Payment Terms

• The price of goods and any costs associated with the delivery of goods under the purchase contract, the buyer can pay the seller in the following ways:

• cashless transfer to the seller’s account number

• cash on delivery at the place specified by the buyer in the order
• Together with the purchase price, the buyer is also obliged to pay the seller the costs associated with packaging and delivery of goods in the agreed amount. Unless expressly stated otherwise, the purchase price also includes the costs associated with the delivery of goods.
• The seller does not require a deposit or other similar payment from the buyer. This is without prejudice to the provisions of Article IV.4 of the terms and conditions regarding the obligation to pay the purchase price of the goods in advance.
• In the case of cashless payment, the buyer is obliged to pay the purchase price of the goods together with the variable symbol of the payment. In the case of cashless payment, the buyer’s obligation to pay the purchase price is fulfilled at the moment when the relevant amount is credited to the seller’s account.
• The seller is entitled, especially if the buyer does not provide additional confirmation of the order (Article III.6), to require payment of the full purchase price before sending the goods to the buyer. The provisions of Section 2119 (1) of the Civil Code shall not apply.

• Any discounts on the price of goods provided by the seller to the buyer cannot be combined.

1. Withdrawal from the Purchase Contract

The buyer acknowledges that, according to the provisions of Section 1837 of the Civil Code, it is not possible, among other things, to withdraw from the purchase contract for the supply of goods which have been adjusted according to the buyer’s wishes or for his person, from the purchase contract for the supply of perishable goods as well as goods which have been irretrievably mixed with other goods after delivery, from the purchase contract for the supply of goods in a sealed package which the consumer has removed from the package and for hygienic reasons it is not possible to return it, and from the purchase contract for the supply of sound or video recordings or computer programs if they have breached their original packaging.

If it is not a case referred to in Article V.1 of the terms and conditions or another case where it is not possible to withdraw from the purchase contract, the buyer has the right to withdraw from the purchase contract in accordance with Section 1829 (1) of the Civil Code within fourteen (14) days of receipt of the goods, and if the subject of the purchase contract is several types of goods or delivery of several parts, this period runs from the date of receipt of the last delivery of goods. Withdrawal from the purchase contract must be sent to the seller within the period specified in the previous sentence.

To withdraw from the purchase contract, the buyer can use the sample form provided by the seller, which is attached to the terms and conditions. Withdrawal from the purchase contract can be sent by the buyer to the address of the seller’s premises or to the seller’s email address.

In the event of withdrawal from the purchase contract, the purchase contract is canceled from the beginning. Goods must be returned to the seller within fourteen (14) days of withdrawal from the contract by the buyer to the seller. If the buyer withdraws from the purchase contract, the buyer bears the costs associated with returning the goods to the seller, even if the goods cannot be returned by their usual postal route due to their nature.

In the event of withdrawal from the purchase contract, the seller will return the funds received from the buyer within fourteen (14) days of withdrawal from the purchase contract by the buyer, in the same way that the seller received them from the buyer. The seller is also entitled to return the performance provided by the buyer at the time of returning the goods by the buyer or in another way, if the buyer agrees and no additional costs are incurred to the buyer. If the buyer withdraws from the purchase contract, the seller is not obliged to return the received funds to the buyer before the buyer returns the goods or proves that he sent the goods to the seller.

The seller is entitled to unilaterally set off the claim for damages against the buyer’s claim for a refund of the purchase price. The seller is entitled to withdraw from the purchase contract at any time, until the buyer takes over the goods. In such a case, the seller will return the purchase price to the buyer without undue delay, by bank transfer to the account designated by the buyer.

1. Transport and Delivery

If the method of transport is agreed upon on the basis of a special request of the buyer, the buyer bears the risk and any additional costs associated with this method of transport. If the seller is obliged, under the purchase contract, to deliver the goods to the place specified by the buyer in the order, the buyer is obliged to take over the goods upon delivery.

If, for reasons on the part of the buyer, it is necessary to deliver the goods repeatedly or in a different way than stated in the order, the buyer is obliged to pay the costs associated with repeated delivery of the goods, respectively. costs associated with a different method of delivery.

Upon receipt of the goods from the carrier, the buyer is obliged to check the integrity of the packaging of the goods and, in the event of any defects, to notify the carrier without delay. In the event of finding a violation of the packaging indicating unauthorized entry into the shipment, the buyer does not have to take over the shipment from the carrier.

Other terms and conditions concerning the transport of goods may be specified by the seller in the order.

VII. Rights from Defective Performance

The rights and obligations of the contracting parties regarding the rights arising from defective performance shall be governed by the relevant generally binding regulations (including the provisions of Sections 1914 to 1925, Sections 2099 to 2117 and Sections 2161 to 2174 of the Civil Code).

The seller is responsible to the buyer that the goods are free from defects upon receipt. In particular, the seller is responsible to the buyer that at the time the buyer took over the goods:

1. the goods have the properties agreed upon by the parties and, in the absence of an agreement, have the properties described by the seller or the manufacturer or which the buyer expects with regard to the nature of the goods and the advertising they carry out,
2. the goods are suitable for the purpose stated by the seller for their use or for which goods of this kind are usually used,
3. the goods correspond to the quality or design of the agreed sample or model, if the quality or design was determined according to the agreed sample or model,
4. the goods are in the appropriate quantity, measure or weight, and
5. the goods comply with the requirements of legal regulations.

If a defect occurs within six months of receipt, it is considered that the goods were defective at the time of receipt.

The buyer’s right to defective performance shall be exercised by the buyer at the seller’s premises at the address of the seller’s premises where acceptance of the complaint is possible with regard to the range of goods sold, or at the registered office or place of business.

Other rights and obligations of the parties related to the seller’s liability for defects may be regulated by the seller’s complaint rules.

VIII. Personal Data Protection

The buyer agrees to the processing of the following personal data: name and surname, address, identification number, tax identification number, email address, telephone number (hereinafter collectively referred to as “personal data”).

The buyer agrees to the processing of personal data by the seller for the purpose of exercising the rights and obligations under the purchase contract and for sending commercial communications and information to the buyer.

The buyer acknowledges that he is obliged to state his personal data (when registering, in his user account, when ordering from the web interface of the store) correctly and truthfully and that he is obliged to inform the seller of any change in his personal data without undue delay.

The seller may authorize a third party to process the buyer’s personal data as a processor. Except for persons transporting goods, the seller will not pass on the buyer’s personal data to any third party without the prior consent of the buyer.

Personal data will be processed indefinitely. Personal data will be processed in electronic form by an automated procedure or in printed form by a non-automated procedure.

The buyer confirms that the personal data provided is accurate and that he has been advised that this is a voluntary provision of personal data.

1. Sending Commercial Messages and Storing Cookies

The Buyer agrees to receive information related to goods, services, or the business of the Seller to the Buyer’s electronic address and agrees to receive commercial communications from the Seller to the Buyer’s electronic address.

The Buyer agrees to the storage of so-called cookies on his computer. If it is possible to shop on the website and fulfill the Seller’s obligations under the Purchase Agreement without storing so-called cookies on the Buyer’s computer, the Buyer may revoke the consent under the previous sentence at any time.

1. Delivery

Notifications regarding the relationship between the seller and the buyer, especially regarding withdrawal from the purchase contract, must be delivered by mail in the form of a registered letter, unless otherwise specified in the purchase contract. Notifications are delivered to the relevant contact address of the other party and are considered delivered and effective at the moment of their delivery via mail, except for notifications of withdrawal from the contract made by the buyer, in which case the withdrawal is effective if the notification by the buyer is sent within the withdrawal period.

Notifications that have been refused by the addressee, not picked up during the storage period, or returned as undeliverable are also considered delivered.

The contracting parties may mutually deliver ordinary correspondence via electronic mail, to the email address provided in the buyer’s user account or provided by the buyer in the order, or to the address provided on the seller’s website.

XII. Consultations and Mentoring

Consultations are conducted by agreement via online stream, in person, or by phone within the agreed scope.

Mentoring is conducted by agreement via online stream or by phone within the agreed scope. It is possible, by mutual agreement, to arrange for a personal meeting, although mentoring is designed for online streams or phone calls. During mentoring, you have the opportunity to communicate with me via email within the agreed scope.

Consultations and mentoring are conducted in the form of prepaid hourly packages of consultations according to the current offer. There is an option to establish cooperation in another form based on mutual agreement.

XIII. Validity of Purchased Consultation and Mentoring Hours

Purchased consultation and mentoring hours are valid for 12 months from the date of invoice payment. After this period, prepaid hours expire without the right to a refund.

XIV. Billable Hours Include:

• all our working meetings
• phone calls and streams longer than 15 minutes
• analytical and summarizing emails with preparation longer than 15 minutes
• analysis of materials and documents provided by you

preparation of documents, materials, and outputs agreed upon

• All worked hours are recorded with a description of the activity in a clear table. I invoice only what I actually work on.

1. Payment for Consultations and Mentoring

In advance to the account based on the invoice.

XVI. Refunds for Consultations and Mentoring

Due to the allocation of time for specific clients and limited capacity, I do not offer refunds for purchased packages of consultation or mentoring hours. If you have doubts about whether you will be able to use mentoring, or if my services will meet your requirements, I recommend using one-time consultations. These consultations allow you to try out my services and get a better idea of whether they are suitable for you. If you have any questions regarding mentoring or one-time consultations, do not hesitate to contact me, and I will be happy to assist you.

XVII. Meeting Cancellations

If you cancel a scheduled consultation at least 24 hours in advance, no fee will be charged. If you fail to attend a meeting or cancel it less than 24 hours in advance, one hour will be deducted from your prepaid package. In exceptional cases, we can arrange for an alternative consultation. I will offer you a date and time based on the current possibilities.

XVIII. Termination of Cooperation

I reserve the right to terminate our cooperation if it significantly deviates from my values ​​stated on my website. In this case, I will refund the money for the value of the unused consultations. I also reserve the right to refuse cooperation for the same reasons stated above.

XIX. Final Provisions

If the relationship established by the purchase agreement includes an international (foreign) element, the parties agree that the relationship shall be governed by Czech law. This does not affect the consumer’s rights arising from generally binding legal regulations.

If any provision of the terms and conditions is invalid or ineffective, or becomes so, the provision whose meaning comes closest to the invalid provision shall replace the invalid provisions. The invalidity or ineffectiveness of one provision does not affect the validity of the other provisions. Changes and amendments to the purchase agreement or terms and conditions require written form.

The purchase agreement, including the terms and conditions, is archived by the seller in electronic form and is not accessible. An appendix to the terms and conditions consists of a sample form for withdrawal from the purchase agreement.

Contact details of the seller: delivery address Petra Vrbová, Písečná 155, 561 70, email address support@digitalhrmarketing.com or info@petravrbova.cz, phone +420 607686368.