TERMS OF SERVICE AGREEMENT
General Terms and Conditions of EF1 marketing & management s.r.o.
1. General provisions and interpretation of terms
1. These General Terms and Conditions (hereinafter referred to as “GTC”) of EF1 marketing & management s.r.o., IČO: 24284602, with registered office at Dobrovského 664/10, 612 00 Brno, Czech Republic, registered in the Commercial Register maintained by the Municipal Court in Brno under file No. C 99789 (hereinafter referred to as the “Seller” or also as the “Provider”) regulate the mutual rights and obligations arising from the purchase contract (hereinafter referred to as the “Purchase Contract”) concluded between the Seller and another person (hereinafter referred to as the “Buyer” or also as the “User”) via the Seller’s online shop. The online shop is operated by the Seller on the website located at the internet address https://nowork.ai and https://drimalka.com/masterclass. Our contact details are e-mail: support@nowork.ai or podpora@drimalka.com.
2. The Buyer may be a businessman or a consumer. The following provisions of the Terms and Conditions apply to the contractual relationship with consumers. Contractual relations with entrepreneurs shall be governed by Czech law, in particular the Civil Code (NOZ).
3. A consumer is defined as any person who enters into a contract with the seller or otherwise deals with him outside the scope of his business activity or outside the scope of the independent exercise of his profession.
4. An entrepreneur is a person who independently carries on a gainful activity on his own account and responsibility in a trade or similar manner with the intention of doing so consistently for profit. Furthermore, any person who concludes contracts in connection with his own business, manufacturing or similar activity or in the course of the independent exercise of his profession, or any person who acts in the name or on behalf of an entrepreneur, shall also be deemed to be an entrepreneur within the meaning of these GTC.
5. Goods – goods within the meaning of these GTC may be:
– a tangible object of purchase contained in the Seller’s offer (hereinafter referred to as the “printed book”);
– electronic book – the digital equivalent of a printed book, it is an intangible good of digital content (hereinafter referred to as “e-book”);
– downloadable audiobook – an audio recording of a work or performance made available to the buyer in an internet environment, labelled in the seller’s offer “audio mp3 download” (hereinafter referred to as “audiobook”);
– package, which means a set of tangible goods or electronic content (e-books, audiobooks), i.e. intangible content, offered in an indivisible aggregate offer for the total price of the package (hereinafter referred to as the “package”);
– online course – an educational programme (e.g. Digital Leadership Masterclass) provided via the internet which is made available to the purchaser remotely for the purpose of self-education. It is an intangible digital content good and may include videos, textual material and various interactive elements;
– online webinar – a live broadcast lecture (or recording) available online, it is an intangible digital content good usually in the form of a video
– online workshop – A practical online course aimed at acquiring or improving skills in a specific area, an intangible digital content good usually in the form of a video
6. The GTC is an abbreviation used in these General Terms and Conditions to refer to Act No. 89/2012 Coll., the Civil Code, as amended.
7. By sending an order to the Seller, the Buyer confirms that he/she has read the contents of the GTC and considers their contents to be clear and understandable. These GTC are an integral part of the purchase contract.
8. The provisions of the GTC are drawn up in English.
9. The Seller may amend or supplement the GTC.
2. Tangible goods (printed book)
A. Conclusion of the Purchase Contract
1. The Buyer has the option to order the goods by sending an electronic order to the Seller. When concluding a purchase contract electronically, the Buyer shall place an electronic order on the Seller’s website by marking the goods on the order form and filling in all the information on the form. The e-shop provides information about the product, including availability, delivery date and price. Before submitting a binding order, the buyer is obliged to check the information provided in the order and correct it if necessary. By submitting an order, the Buyer accepts these GTC, the price for the goods and the costs associated with the delivery of the goods.
2. A duly made order sent to the Seller is considered a draft purchase contract. The conclusion of the contract occurs at the moment of confirmation of acceptance of the order by the Seller, which the Seller sends to the Buyer’s e-mail specified in the order. The order form includes a confirmation by the Buyer that he has read these Terms and Conditions.
3. The Seller reserves the right of ownership of the tangible goods until full payment of the purchase price. The purchase price is payable on conclusion of the contract.
4. All prices are inclusive of all taxes and charges, except delivery costs. These are listed further on, as part of the purchase process.
5. The buyer is responsible for the costs of long distance communication in connection with the order. However, these costs are no different from normal rates.
B. Payment method, delivery method, delivery costs and delivery conditions
1. When purchasing via the Seller’s online shop, the only acceptable payment method is card payment via the external Stripe platform. After creating an order, the buyer is redirected to a secure payment gateway where he/she enters the necessary details. If the transaction is authorized, payment will be made immediately and the goods will be shipped by the seller within three business days.
2. The delivery of the goods to the Buyer is ensured by the delivery company, ELMS Service s.r.o. (hereinafter referred to as the “Delivery Company”).
3. The costs of postage and packing shall be borne by the Buyer and shall be indicated directly in the order.
4. The Seller shall not be liable for any incorrect address of the recipient.
5. The Seller delivers the goods worldwide.
6. The Seller shall issue a tax document for each payment. It shall be sent in electronic form to the e-mail address provided.
C. Claims, rights from defective performance
1. The seller is liable for the goods being free from defects upon receipt. This means that at the time the buyer takes possession of the goods, in particular:
– it corresponds to the order (it is the required product in the agreed quantity, quality, functionality, compatibility, interoperability, or has other agreed characteristics or features that the buyer can reasonably expect, including in view of advertisements and other promotional materials)
– is fit for the agreed or desired purpose
– is fit for the purpose for which goods of that kind are normally used
– it has the agreed accessories, packaging and, if necessary, instructions for use
– it corresponds in quality or workmanship to the sample or specimen
– complies with the law
2. If the seller has expressly warned the buyer before purchase that a characteristic of the goods differs and the buyer has agreed to this characteristic, the goods cannot be claimed for this characteristic. Nor can the goods be claimed for a defect for which the goods have been discounted and the seller has given prior notice of the reason for the discount.
3. If the defect manifests itself within 1 year of receipt, the item is deemed to have been defective upon receipt, unless the nature of the product or the defect precludes this. This period does not run (build up) for the period during which the buyer cannot use the item in the event of a (justified) claim.
4. The item may be claimed if the defect has become apparent within 2 years of receipt of the delivery. This period does not run (accrue) for the period during which the item cannot be used in the event of a (legitimate) claim.
5. The national law of some other countries may provide for stricter regulation of claims, which is governed by the respective residence of the consumer.
6. Goods can be claimed in any way.
7. When making a claim, the buyer shall disclose:
– contact details
– how the defect manifests itself and when it was discovered
– how he/she wishes the complaint to be settled
– proof of purchase
8. Defective goods should be sent or brought in with the claim form. Sometimes just sending a photograph is sufficient. The seller therefore recommends the buyer to contact him by e-mail beforehand to make further arrangements.
9. The goods must be well packed during transport to avoid damage.
10. In the event of a claim, the Seller will send the Buyer an electronic written confirmation of the claim, and then also of its settlement.
11. The Buyer may request repair, replenishment or replacement of the goods.
12. If the chosen method is impossible (e.g. the goods are no longer on sale) or unreasonably expensive (e.g. it is sufficient to supply the missing accessories), the seller may modify the buyer’s choice.
13. The buyer may demand a reasonable discount or withdraw from the contract. In the following cases:
– the seller has refused to remove the defect or has not removed it properly within the period prescribed by the regulations, or it is obvious that he cannot or will not be able to do so
– the defect manifests itself repeatedly
– the defect is substantial
You cannot withdraw from the contract (and can therefore only claim a discount) if the defect is insignificant. However, the defect is generally deemed to be of a material nature.
14. The seller shall settle the complaint within 30 days at the latest, unless the parties agree otherwise. Otherwise, the buyer may withdraw from the contract or demand a reasonable discount.
15. The Buyer will be informed of the settlement of the claim by contacting the Buyer at the contact details he filled in when making the claim. If the buyer does not take back the item, the seller may claim the right to pay the reasonable costs involved in storing the item.
16. The Seller shall reimburse the costs reasonably incurred by the Buyer for a legitimate claim. The buyer must request reimbursement as soon as possible, but no later than one month after the end of the period for making a claim, otherwise the claim will be forfeited.
3. Intangible goods (e-books, audiobooks, online courses, online webinars, online workshops)
This section of the GTC regulates the mutual rights and obligations between the seller as service provider and the buyer as user, which are related to the provision and use of digital content in intangible form obtained by purchasing from the https://nowork.ai and/or https://drimalka.com/masterclass website and which have arisen on the basis of the purchase contract.
2. The user may be a natural person capable of legal action who has indicated the requested digital content in intangible form and completed all the data provided in the order form located on the Seller’s website https://nowork.ai and/or https://drimalka.com/masterclass.
3. Service means the provision of the content of intangible goods of digital content, so-called “e-book”, so-called “audiobook”, online course (e.g. Digital Leadership Masterclass), online webinar and online workshop by the service provider to users for their personal use, via the Internet or other electronic means, and the provision of rights and services related thereto within the scope of these GTC.
4. E-book, audiobook, online course (e.g. Digital Leadership Masterclass), online webinar and online workshop are specified above in the general provisions and interpretations of terms of these GTC.
5. The Service Provider offers and provides the Service on the website https://nowork.ai and https://drimalka.com/masterclass (the “Website”), which it operates.
6. The User is entitled to use the Provider’s digital content services listed on the Website according to the order form registered in his name.
A. User access
1. The user’s access will be granted to the buyer through the sent e-mail with a link to download the selected intangible goods.
2. The website may indicate a specific date on which the digital content will be made available. In this case, the digital content will be made available to the purchaser in a single instance on the date so announced in advance.
3. The website may state that the digital content will be made available in phases, in stages. In this case, the first part (module) of the digital content will be made available at the time specified in the preceding paragraphs and the other parts (modules) will be made available sequentially according to the pre-announced schedule.
4. The digital content may indicate on the website the period of time for which the buyer will have access to it. In such case, the digital content shall be accessible to the buyer for the period of time so notified in advance, but for a maximum period of 2 years. If the nature of the digital content (e.g. an e-book or audiobook) allows it, the buyer may use it for an unlimited period of time after downloading.
5. The digital content is provided to the buyer in the latest version available at the time of conclusion of the contract. The Seller does not provide any updates to the digital content beyond its legal obligations.
6. The Seller will only provide updates that are necessary to keep the Digital Content free from defects for the duration of the Contract or (in the case of Digital Content made available on a one-off basis for an indefinite period) to keep it free from defects for as long as the Buyer can reasonably expect. In such a case, the seller shall notify the buyer that an update is available, how the buyer may carry out the update and that if the buyer fails to carry out the update, the buyer shall have no rights in respect of any defect arising solely as a result of the failure to carry out the update.
7. To be fully functional, the Digital Content requires hardware and software that allows opening and working with documents, e.g. in pdf format, and playing audio and video files, and an internet connection with sufficient connection speed and a functional email inbox maintained in a state capable of receiving messages (the “Digital Environment”). The Buyer is responsible for connecting the Digital Content to the Digital Environment. The Digital Content may be temporarily unavailable for short periods of time due to data maintenance or server outages. The website may be updated without prior notice.
B. Downloading e-books, audiobooks and online courses
1. Download of an e-book, audiobook or online course (e.g. Digital Leadership Masterclass) means the making of a reproduction of a work in electronic form for a fee, following an order in accordance with the licence granted for a specific work.
2. The user acknowledges that the reading of e-books is subject to the existence of specific software and hardware. The Service Provider is not responsible for the impossibility of downloading the work due to insufficient technical and software equipment of the User to download it.
3. The user acknowledges and undertakes to respect the fact that the e-books offered by the service provider are unencrypted with watermarking. Any interference or mere attempt to interfere with these or similar protections shall be considered a violation of the law by the user in accordance with applicable law, and the service provider shall be entitled to use all available legal means to draw the consequences of such action.
4. The User acknowledges that the Service Provider is not responsible for the operation of the public data network or the condition of its software or hardware.
5. The user is not entitled to distribute, make available to others, copy or print the e-books, audiobooks or online courses (e.g. Digital Leadership Masterclass), even in part.
C. Conclusion of the contract and payment terms
1. The conclusion of the contract, payment terms and claims are governed by the provisions of the first part of these terms and conditions. The product will only be made available to the User after the price has been credited to the Seller’s account.
2. The price including VAT applicable to each type of product is always indicated for each work on the website https://nowork.ai and https://drimalka.com/masterclass.
D. Copyright – Licence
1. The User acknowledges that the intangible goods offered for payment on the Service Provider’s website are works within the meaning of the Copyright Act and as such are subject to the protection of this Act. The user acknowledges that, in particular in this context, he/she is not entitled to use the purchased intangible products in any way other than for his/her personal use, i.e. he/she may not redistribute, sell, rent, lend, disclose to the public or in any way provide to third parties.
2. The user further acknowledges that in any use of the website as well as the purchased intangible goods, he/she is obliged to respect and comply with the applicable legal regulations, in particular the Copyright Act and is obliged to avoid any interference with copyright and intellectual property rights.
3. The User acknowledges that he/she may be punished for violation of copyright or other rights protected by law in accordance with the applicable legislation.
E. Claims, rights from defective performance
1. The Buyer’s rights in respect of defective performance shall be governed mutatis mutandis (and appropriate to the intangible nature of the product) by the provisions set out by the Seller in the first part of these Terms and Conditions.
2. If products or access data have not been delivered within the delivery period, the “bulk mail” or “spam” folders must be checked first.
3. Once the digital content has been made available, it must be checked for functionality and availability. It may happen that digital content is temporarily unavailable for a short period of time due to data maintenance or server outages. The website may be updated without prior notice.
4. The Seller shall not be liable for unavailability or other defects of the Digital Content in the event of an inadequate digital environment of the Buyer.
5. For the purpose of verifying whether a defect has occurred as a result of an inadequate digital environment, the Buyer has a legal obligation to provide the Seller with the necessary assistance to the extent that can reasonably be requested and that can be provided by technically available means that are as least disruptive to the Buyer as possible. In the event of a refusal to cooperate, the buyer shall only have rights under the defective performance if it proves that the digital content is not in conformity with the contract.
4. Withdrawal from the contract
1. The buyer – consumer (as defined in Article 1 of these GTC), has the right to withdraw from the contract concluded via distance communication within 14 days of its receipt. This right does not apply to the delivery of digital content (e-books, audiobooks, online courses (e.g. Digital Leadership Masterclass), online webinars and online workshops) if the buyer has access to them at his own request before the expiry of the withdrawal period.
2. The purchaser is hereby informed that he is not entitled to withdraw from the contract (according to § 1837 of the German Civil Code) if it is a contract:
2.1. for the supply of an audio or visual recording or a computer program, if he has broken its sealed packaging
2.2. for the delivery of digital content, if it was not delivered on a tangible medium and was delivered with the consumer’s express prior consent before the expiry of the withdrawal period and the seller has informed the consumer prior to the conclusion of the contract that in such a case he has no right to withdraw from the contract.
3. In the event that the purchaser withdraws from the purchase of a package which includes tangible goods and an e-book or downloadable audiobook, the purchaser shall, upon withdrawal, return all tangible goods for which the value of such purchased tangible goods shall be refunded. It is not possible to withdraw from the purchase of digital content.
4. The withdrawal period runs:
4.1. in the case of purchase of goods, from the date of receipt of the goods,
4.2. in the case of a contract whose subject matter is several types of goods or the delivery of several parts (i.e. where the subject matter of the purchase contract is ordered in one order but delivered in several shipments), from the date of receipt of the last delivery of goods.
5. The buyer-consumer must notify the seller of his decision to withdraw from the contract by written notice of withdrawal, ideally by e-mail to support@nowork.ai or also podpora@drimalka.com. The Seller shall confirm its receipt to the Buyer without undue delay. The Buyer may use the form available in the Appendix to these Conditions.
6. In the case where the Buyer is an entrepreneur, the contract may be withdrawn if agreed by the parties or provided for by law.
7. If the Buyer withdraws from the contract, he is obliged to return the tangible goods to the Seller within 14 days of withdrawal by delivery to the Seller’s address.
8. The Buyer is obliged to pack the returned goods in such a way that they are not damaged during transport. The costs of returning the goods back to the seller shall be borne by the buyer.
9. Immediately after delivery (or at least proof of delivery of the goods back to the Seller for transport), the Seller shall refund to the Buyer the amount corresponding to the price of the goods and the costs paid for their delivery. The seller is legally entitled to refund the buyer the amount corresponding to the cheapest delivery method that could have been chosen on the e-shop. The seller will refund the money in the same way as payment was received, unless the parties agree on another way.
10. In the event of withdrawal from the purchase contract, the subject of which was the goods included in the package, the customer is obliged to return all the goods included in the package upon withdrawal. If a gift has been provided to the purchaser, it has been provided with a condition precedent, i.e. the gift contract is also unbundled with the purchase contract. The buyer is obliged to send the gift back to the seller. The seller has the right to offset any damages against the amount returned.
11. The buyer may inspect the goods (their nature, characteristics and functionality) within 14 days. However, the buyer is obliged to treat the goods reasonably and gently – i.e. only as necessary for familiarisation with the goods, typically as when buying goods in a bricks-and-mortar shop. In the event of damage to the goods covered by the withdrawal by the buyer or in the event of obvious use of the goods (e.g. reading, copying), the seller is entitled to claim compensation for damages. In the event of an unauthorised withdrawal, the goods will be available for collection by the Buyer at the above address of the Seller or, if agreed, will be returned to the Buyer at the Buyer’s expense.
12. External circumstances beyond the seller’s control (e.g. wars, natural disasters, epidemics, etc.) may result in a significant change in price, terms or other delivery circumstances. In such an exceptional case, the Seller also reserves the right to withdraw from the Purchase Contract.
5. Final provisions
1. Relations between the Seller and the Buyer (User) shall be governed by the laws of the Czech Republic and any disputes shall be decided by the competent court. This is without prejudice to the consumer’s rights under generally binding legislation. The buyer may address any complaint to the supervisory authority or the state supervisory authority.
2. These terms and conditions are displayed on the Seller’s website, thus enabling their archiving and reproduction by the Buyer. The contract is stored with the seller, but the seller does not provide access to it.
3. Both the Seller and the Buyer are bound by the version of the T&Cs displayed on the Seller’s website on the day the Buyer places the order.
4. Pursuant to Act No. 634/1992 Coll., on Consumer Protection, the Buyer has the right to an out-of-court settlement of a consumer dispute arising from a purchase contract. In such a case, the buyer may contact the Czech Trade Inspection Authority (Central Inspectorate – ADR Department, Gorazdova 1969/24 Prague 2, email: adr@coi.cz, website: adr.coi.cz). Out-of-court settlement is initiated exclusively at the request of the buyer in the event that the dispute with the seller could not be resolved directly. The application may be filed no later than 1 year from the date on which the buyer was first able to assert the right that is the subject of the dispute with the seller. Out-of-court dispute resolution can be initiated online
via the ODR platform, available at ec.europa.eu/consumers/odr/.
5. The European Consumer Centre Czech Republic, with registered office at Štěpánská 567, 120 00 Prague, internet address: http://www.evropskyspotrebitel.cz is the contact point under 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 online dispute resolution for consumer disputes).
6. The Seller operates on the basis of a trade licence. Supervision is exercised by the Trade Licensing Office and, to the extent defined by law, by the Czech Trade Inspection Authority, which may be contacted with any complaints.
These General Terms and Conditions are valid and effective as of 2 May 2024.
