Terms and conditions
1. General Introduction
1.1 These Terms and Conditions are issued by Petr Zachariáš, IČ 743 13 673, registered office V Holešovičkách 1580/26, 180 00, Praha 8 – Libeň, Czech Republic, registered in the Trade Register of the Czech Republic (hereinafter the Provider).
1.2 The Provider is the founder and principal lecturer of the Prague College of Classical Homeopathy. He is a direct student of Prof. George Vithoulkas. The Provider created online courses and online educational platform in good faith to the best of his abilities and knowledge. The courses however do not and cannot replace medical care.
1.3 These Terms and Conditions govern all contractual relations based on which the Provider allows to another person (hereinafter the Customer) a study of any of his homeopathy courses or participation in the Mentoring Club in English (hereinafter, both these options will be summarily termed „Online Learning content“).
1.4 These Terms and Conditions constitute the content of the contractual relationship between the Provider and the Customer. If the Provider and the Customer agree on any deviation from these Terms and Conditions, such an agreed deviation will take precedence over these Terms and Conditions, whereby such a deviation does not alter the remaining content of these Terms and Conditions.
2. Personal Account
2.1 The offer of Online Learning content is accessible on the website https://www.pzacharias.eu.
2.2 Creating a personal account on https://www.pzacharias.eu is a necessary prerequisite for acquiring access to the Online Learning content offered by the Provider. Any orders can only be made after registration and creating a personal (user) account.
2.3 While creating the user account, the customer must, as a minimum, fill in the fields marked by an asterisk in the registration form (mandatory data). The customer is obligated to pay due attention to fill in all data correctly and, if any data are changed, to enter such changes and update the data without undue delay.
2.4 The Customer chooses his/her login details (i.e. email address and password).
2.5 The Customer agrees that the user account created in this way is solely for Customer’s personal use. Therefore, the Customer has an obligation to protect his/her login details from compromising and disclosure to any third party.
2.6 Should the Customer find out that his/her login details have been compromised and any third party has gained access to them, the Customer must immediately inform the Provider. By failure to do so, the Customer accepts the responsibility for any potential damage incurred as a result to the Provider.
2.7 The Provider is entitled to block a user account especially when he suspects that the Customer’s login details have been compromised to a third party or that the Customer made the Online Learning content available for Customer’s personal use accessible to any third parties.
2.8 The Customer takes note of the fact that the Provider’s website (including the user account) may not be available 24/7 (in particular in view of the need of maintenance, updates or repairs).
3. Ordering the Online Learning content
3.1 Upon signing in, the Customer may choose from the list of offered Online Learning content options and add the selected option to the virtual basket. From the virtual basket, he/she can subsequently confirm the order and send it to the provider. Before sending the order, the customer can (and shall) doublecheck all data stated in the purchase order.
3.2 If the purchase order is accepted by the Provider, such acceptance constitutes conclusion of the contract. The contractual obligations include in particular the Customer’s commitment to pay the agreed price and the Provider’s commitment to provide access to the Online Learning content ordered and paid for by the Customer. An email message announcing the acceptance of the order sent to the Customer’s email address by the Provider is deemed to be a sufficient proof of the order acceptance.
3.3 Conclusion of the contract regarding a selected Online Learning content and payment of the agreed price by the Customer ensures the Customer unlimited access to the entire content of the particular Online Learning content for his personal use. In case of online courses, the access is granted for a timewise unlimited period.
3.4 The membership in the Mentoring Club platform and access to it is granted for the Customer’s personal use and for a limited time only. After the expiration of the access period, the customer may but is not obligated to extend the membership by an additional period.
3.5 The payment for the Online Learning content can be made:
a) in person at the Provider’s headquarters (Lednická 1533, Praha 14 – Kyje, Czech Republic)
b) bank transfer to the Provider’s bank account, CZ89 2010 0000 0028 0108 3298 / FIOBCZPPXXX, managed by Fio Bank a.s. (if using this payment method, the customer must include a text reference („variable symbol“) detailed in the acceptance email, or
c) using a GoPay payment gate (card payment).
3.6 After the agreed price is paid, the Provider will activate the Online Learning content for the Customer’s personal account, thus making the selected Online Learning content accessible to the Customer.
3.7 The Customer agrees with the fact that the access will be granted as soon as possible after the agreed price is paid and neither party will therefore wait with activation of the access until the end of the withdrawal period.
3.8 If bank transfer is used as the payment option, the Customer’s contractual obligation to make the payment is met at the moment of the full payment landing at the Provider’s account.
3.9 Once the agreed price is paid, the Provider issues an invoice and sends it to the Customer by email.
4. Access failure
4.1 If the Customer finds out that his/her access if not functional and he/she is unable to access the content properly, the Customer notifies the Provider without delay and the provider will rectify the problem as soon as possible.
5. Provider’s notifications
5.1 As both parties aim to conclude a contract by means of distance communication, the Provider notifies the Customer of the following:
a) the Provider will not charge the Customer for any additional costs associated with the remote access,
b) the Provider does not require any down-payment or any similar charge,
c) conclusion of a contract and payment of the one-off agreed price for an online course gives the customer time-wise unlimited access to the course while membership in the Mentoring Club is granted for a limited time period only,
d) the price for the individual options of the Online Learning content is always stated on the Provider’s website and is always known to the customer at the time of ordering the Online Learning content,
e) all stated prices are incl. VAT; no additional taxes, fees or similar required payments will be charged by the provider; all such payments are included in the price shown when ordering the online education,
f) as the goods supplied by the Provider have a character of digital content, which is not supplied as a hard copy, the Customer has no right of withdrawal,
g) any customer’s complaints shall be directed at the Provider using the email address pzacharias@pcch.cz. The provider shall send information about handling the complaint to the Customer’s email address.
The institution competent for settling out-of-court complaint and redress procedures is the Czech Trade Inspectorate (Štěpánská 567/15, 120 00 Praha 2, Czech Republic, IČ: 000 20 869, website: https://adr.coi.cz/cs). It is also possible to use the Online Dispute Resolution Platform available at https://ec.europa.eu/consumers/odr.
Under the Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC (Regulation on consumer ODR), another possible point of contact for complaints is the European Consumer Centre Czech Republic (Štěpánská 567/15, 120 00 Praha 2, Czech Republic, website http://www.evropskyspotrebitel.cz).
h) the Provider is entitled to perform his business activities based on the trade licence. The trade inspections are performed by the respective Trade Authority.
i) supervision in the field of the personal data protection is performed by The Office for Personal Data Protection of the Czech Republic. The European Consumer Centre Czech Republic also performs supervision of adherence to the Act No. 634/1992 Sb. on Consumer protection, as amended.
j) The Provider is not bound by any Code of Conduct.
5.2 The Provider also notifies the Consumer about the following:
a) the type of the service, i.e. Online Learning content, is clearly defined on the Provider’s website where the Customer can familiarize him/herself with it prior to entering the contract.
b) the agreed price and any other potential financial contractual obligations are shown on the Provider’s website and the customer can familiarize him/herself with them prior to entering the contract,
c) if the access to the Online Learning content that should be available to the Customer is dysfunctional, the Provider will arrange rectification of the problem,
d) the digital content is using common software and is not equipped with any additional technical protective measures and
e) the digital content is compatible with common hardware and software.
6. Copyright protection
6.1 The Customer takes note of a fact that the digital content that is subject to the contract is a copyrighted work in the sense of §2 of the Act No. 121/2000 Coll., on Copyright and Rights Related to Copyright and on Amendment to Certain Acts (hereinafter the Copyright Act).
6.2 The contractual rights do not include any license for further use of the content. The Customer is therefore not entitled to any such further use, especially (but not limited to) to making copies, dissemination of the content, leasing the content, sharing it with any third party, making it accessible and/or enabling its download to any third party or to the public or making any acts leading towards such ends.
6.3 Should the Customer not comply with the prohibitions stated in the Chapter 6.2, the Provider as the Author of the content has, acc. to the Copyright Act, among other things the right to request an appropriate satisfaction for suffering such harm including non-material damage, the right for financial compensation and right to recovery of any sums paid but not due.
7. Personal data protection
7.1 The Provider meets his obligations on the personal data protection in the sense of the Regulation (EU) 2016/679 of the European Parliament and of the Council on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation, hereinafter GDPR) including the processing of the Customer’s personal data for the purposes of the contract negotiations, fulfilment of the contract and meeting the public-law obligations of the provider by creating a separate document on Personal Data Protection.
8. Commercial messaging and storage of cookies
8.1 In accordance with the Act No. 480/2004 Coll., on certain Information Society Services and on Amendments to some Acts, as amended, the Customer agrees with the Provider sending commercial communication to the Customer’s email address or phone number.
8.2 The customer consents with storage of so-called cookies in his computers. Where the contract can be concluded on a website and the Provider’s contractual obligations can be met without storage of so-called cookies in Customer’s computer, the consent can be withdrawn at any time.
9. Common and final provisions
9.1 If any provision in these Terms and Conditions is or becomes invalid and/or ineffective, it is replaced by a provision, the sense of which is as close to the original one as possible. If any provision is ineffective or invalid, it does not affect the validity of remaining provisions.
9.2 These Terms and Conditions are published on the website https://www.pzacharias.eu, where they can be downloaded from or printed out from at any time.
9.3 The Provider is entitled to change or cancel these Terms and Conditions at any time. This however does not affect the validity of the rights and obligations arisen while the Terms and Conditions were valid (i.e., in the respective version valid at the time of entering the contract).
9.4 The contractual relationship between the Provider and the Customer, as well as the associated legal relations, is entered in English and is governed by the law of the Czech Republic. By the choice of the legal system as per the previous sentence, the customer is not deprived of the protection of mandatory provisions of the law that would be otherwise used.
9.5 These Terms and Conditions are valid from 25.7.2019.
