I. INTRODUCTION

1. These general terms of use are applied for the purchase of online programs and subcriptions (further in the text also described as „digital content“ or „products“) at the website www.acroproject.cz.

2. Terms of use contain information which should be read carefully before the purchase. In the case of questions please contact me at e-mail: marek@acroproject.cz. By submiting an order you are agreeing with terms of use described in this document.

3. Product purchase is on the basis of Purchase contract between the Seller and the Buyer. The process of concluding a Purchase contract is described in the article III. below. These terms of use are a document that is an integral part of Purchase contract. Possible differences in Purchase contract are superior to terms of use.

II. DEFINITIONS

1. SELLER

The seller is: Mgr. Marek Petráček
CRN: 01036068
Address: Bachmačské náměstí 334/6, Prague 6 – Dejvice, 160 00, Czech republic
Registered in trade register, seller is not VAT payer
Telephone: +420723705145
E-mail address: marek@acroproject.cz

2. BUYER

Buyer is the person who concludes a Purchase contract with Seller through a website www.acroproject.cz and buys a product. Buyer can be a natural person, a legal person or a consumer.

3. CONSUMER

Consumer is a natural person who doesn´t act within the business activity or within own profession.  Filling CRN in the order means that a Purchase contract will be concluded by a legal person, not by a consumer.

4. CONSUMER´S CONTRACT

It is a Purchase contract where the Buyer is a consumer. According to the valid laws, consumer is more protected than a Buyer who is not a consumer. At the same time, a Seller has more obligations towards the consumer than he has towards other Buyers, and is obliged to provide a consumer information given by Civil Code and Consumer protection law. If the Buyer is not a consumer, regulations from these terms of use that are only applied for consumer protection will not be used.

5. CONTRACT CONCLUDED IN A DISTANCE WAY             

It is a Purchase contract that was concluded through use of a distance communication medium, i.e. without a personal contact between a Seller and a Buyer. It is concluded through a website or through e-mail communication, by phone or with the use of similar communication medium. By submiting an order you are expressing your agreement to use the distance communication medium.

6. DECISIVE LEGAL REGULATION

They are effective legal regulation that defines relations between Buyer and Seller. Those are mainly Law number 89/2012 Sb., Civil Code and in case that the Buyer is consumer also the Consumer protection law 634/1992 Sb. These are effective legal regulation of Czech republic.

III. ORDER AND CONCLUSION OF PURCHASE CONTRACT

1. Buyer orders products through website, i.e. through automatic order system by sending a filled-in order form.

2. PRODUCT DESCRIPTION

There is a detailed description of every product on the website including the content, for who it is designed for, what it can bring to Buyer and the format of product. There is also the description of bonuses that are offered with the product.

3. ORDER OF PRODUCTS

For order through the website there is an order form where Buyer fills in the full name or company name, address, e-mail, CRN, TAX ID (if you run a bussiness) and chooses payment method. You can also select chosen products by checking the box.

Before sending the order you can check and change the data filled in the order form and correct the mistakes. The order is sent by clicking on the „Send“ button.

Buyer is informed by e-mail about receiving the order. This order confirmation is sent automatically and it confirms the receiving of the order.

The Purchase contract is concluded by delivering the order confirmation to your e-mail.

In the case of doubts about the authenticity of the order, Buyer can be contacted in order to verify the validity of the order. If the authenticity of the order can not be verified, then it is taken like it was never submitted and such order will be cancelled.

4. The Purchase contract is concluded in English. The contract is concluded in electronic form, it consists of the order, its acceptance by the Buyer and these terms of use. The Contract is archived in electronic form and it´s not accessible to the public.

IV. PRODUCT PRICE AND PAYMENT

1. PRODUCT PRICE

There is always the current price of individual products on the website. The price is valid for the whole time when it is stated on the website. If there is a special offer, it is mentioned under what conditions and until what time it is valid. Because of the product´s character there are no costs for transport and costs connected to delivering of the product. Calculated price stated in the order summary (before clicking on the „Send“ button) is therefore the final price.

2. Arranged purchase price is the price stated with the product in the time of sending the order (stated in the order form). If there is an obvious error in the price at the website (typing error) or similar error during the process of concluding a Purchase contract, then the Seller is not obliged to provide you a product for that price, including the case that automatic order confirmation was sent. If you have already paid this obviously incorrect price, then the Seller has a right to cancel the contract. If the price was changed in the period between sending the order and its confirmation from my side, then the price valid at the moment of sending the order is correct (if there is no other deal between Buyer and Seller).

3. If there is no other agreement between the Buyer and the Seller, the Seller is obliged to deliver you products after the complete payment of the purchase price.

4. PAYMENT METHOD

You can pay the purchase price by these methods:
- Payment card via online payment gateway

- Cashless bank transfer to the Seller´s account (payment usually takes 1 – 2 working days): Buyer will receive the payment instruction in the email that confirms acceptance of the order. It is necessary to fill-in the variable symbol so that the payment can be quickly paired and product delivered as soon as possible.

5. PURCHASE PRICE DUE DATE

In the case of online payment through payment gateway the amount is paid instantly.

In the case of cashless bank transfer the purchase price is due to the due date on advance invoice. The purchase price is paid when the amount is credited to Seller´s account.
After the payment acceptance you will receive an invoice about approved payment, which with the online payment methods is issued without delay after the payment. In the case of cashless bank transfer within 3 working days since receiving the payment.

V. TERMS OF DELIVERY

1. WAY OF DELIVERY

When purchasing a product, Buyer will receive an email with login to the website and user account is created. After logging in with received login, Buyer can access the product. If it is more effective with regard to succession of the material or content, then individual classes or videos are accessible gradually at given time. If the product is an e-book, you will receive an e-mail with download link.

2. DELIVERY TIME

Product will be delivered within 3 working days after the payment is credited to the Seller´s bank account.

3. After delivering the product it is necessary to check the functionality and accessibility of product as soon as possible. If there are some flaws or errors, it is necessary to contact the Seller so he could put it right. See the article VIII. for details.

4. Product requires appropriate hardware and software equipment to function fully (see details in article VI.).

5. If there is a monthly or other subscription, Buyer can be notified before expiration of the Purchase contract of a possibility to renew the access to the product.

VI. INFORMATION ABOUT HARDWARE AND SOFTWARE AND COPYRIGHT PROTECTION

1. Buyer only will get an e-mail with login access to the website. To function fully, digital content requires hardware and software equipment that enables to open and work with documents in pdf. format. To play digital content in member area it is necessary to log in to users account by filling in the access data. You can play the content with the use of internet browser supporting audio play. Software need to have usual audio codecs. For online content playing it is necessary to be connected to internet with sufficient speed. Furthermore hardware need an sound output. Seller is not responsible for inaccessibility of content in case of low speed internet connection. It can happen that the content is temporarily inaccessible due to data maintenance or server drop-out. Website can be updated without prior notice.

2. Products are made with knowledge, experience and practical skills of the Seller on the ground of completed education and long-time training and teaching. Product is made for the purpose of providing information and instruction to the Buyer. It is however not meant to replace personal consultation and training. Seller is not responsible for achieved outcome due to missing feedback.

3. WARNING! Product is not a health service or excercise. Physical excercises described in products are done from Buyer on his own responsibility regarding health and safety. It is recommended to consult a doctor or physical therapist before the practice.

4. Digital content is protected by copyright, and it is not possible to share it with other person without prior written approval by Seller. Infringement of copyright is punishable not only by author´s law, but it can be classified as criminal act.

5. USER ACCOUNT. After purchasing the product and payment, Buyer gets access login data for logging in to users account, as it is stated in the article V. Buyer undertakes to maintain the secrecy about the login data and to keep other people from using it. Buyer is also responsible to keep the data in the users account true and updated. In the case of serious violation of these obligations mentioned in the Purchase contract or in these terms of use, Seller has a right to cancel Buyer an access to user account. The same is applied in the case of violation of the copyright.

VII. WITHDRAWAL FROM A CONTRACT

1. This contract is about providing a digital content. Buyer agrees to delivering the product immediately after the payment from his side and agrees that he has no right to withdraw from a contract without a reason within 14 days of its conclusion.

2. As a Buyer you can withdraw from a Purchase contract in other cases stated by law or by Purchase contract and terms of use, mainly in case of defect (article VIII.).

3. Seller has a right to withdraw from a Purchase contract in case of serious violation of Buyers obligations mentioned in a Purchase contract. Mainly in case of unauthorized website attacks, violation of copyright and other cases stated by law. If a Buyer doesn´t pay the purchase price within 10 days after the due date, the Purchase contract is cancelled. Seller has a right to cancel Buyer an access to user account in case of withdrawal from a contract.

VIII. RIGHTS IN A CASE OF DEFECT, COMPLAINTS

1. Rights arising from a defect are governed by effective legal regulation, mostly by § 2099-2112 of Civil Code.

2. In case of defect that can´t be removed or in case of repeated defects, Buyer has a right to demand the exchange of product for new one or to withdraw from a Purchase contract. If a Buyer doesn´t withdraw from a contract or doesn´t apply a right to get a new product, he can get appropriate discount. Buyer can ask for a discount also in a case if Seller can´t deliver a new product without defects, as well as if the correction takes Seller too long. Given the product character, the defect can be inaccessibility to the part of the content or missing parts.

3. If the product wasn´t delivered to Buyer in delivery time, it is recommended to first check all e-mail folders like „spam“, „promo“ etc. If a Buyer can´t find it there either, he can file a complaint according to the following point.

4. File a complaint without further delay after discovering defects. Complaint can be filed to email address: marek@acroproject.cz. Such email should include invoice and description of the defect. Complaint will be handled by Seller without further delay, at the latest within 30 days. If you are a consumer, you will receive a written confirmation of handling the complaint.

IX. HANDLING COMPLAINTS, SOLVING OF CONSUMERS DISPUTES

1. If a Buyer has any complaint towards the Purchase contract or Seller´s activity, he can send an email to marek@acroproject.cz.

2. Seller runs a bussiness on the ground of trade licence. Inspectional authority is relevant trade office. Czech trade inspection (ČOI) is supervising observance of consumer protection regulations. Authority for personal data protection is supervising observance of personal data protection regulations. Buyer can also turn to these authorities with complaints.

3. If there is a consumer dispute between Seller and Buyer, consumer has a right for out-of-court settlement. Subject for out-of-court settlement is, according to the law number 634/1992 Sb. (of consumers protection), Czech trade inspection. All details for out-of-court settlement are stated on the website of Czech trade inspection www.coi.cz.

4. Seller is not bound by any behaviour codes (§ 1826 article 1, letter e) Civil Code).

X. CLOSING STATEMENT

1. Purchase contract is concluded for a fixed period. This period is tied up to fulfilment of obligations of both Seller and Buyer. Seller´s and Buyer´s obligations are defined in a contract.

2. Privacy policy is addressed in separate document which can be found on the website.

3. Seller has a right to change these terms of use at any time. The text of terms of use, valid at the moment of sending the order, is always effective for a Buyer.

4. These terms of use are effective from 16th of March 2020.