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Terms and Conditions

GENERAL TERMS AND CONDITIONS FOR THE SALE OF LANGUAGE SERVICES

by the companies
Explika s.r.o. and Explika Solutions s.r.o
with their registered office at Masarykovo nábřeží 237/18, 110 00 Prague 1
Company ID: 05711843 and 07962860
for the sale of services through their online store located at www.explika.cz.

  1. PRELIMINARY PROVISIONS

1.1. These terms and conditions (hereinafter referred to as “Terms and Conditions”) of the companies Explika s.r.o. and Explika Solutions s.r.o., with registered office at Masarykovo nábřeží 237/18, 110 00 Prague 1, identification numbers 05711843 and 07962860 (hereinafter referred to as “seller”), are regulated in accordance with with the provision of § 1751 paragraph 1 of Act No. 89/2012 Coll., Civil Code, as amended (hereinafter referred to as the " Civil Code "), the mutual rights and obligations of the contracting parties arising in connection with or on the basis of 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 www.explika.cz (hereinafter referred to as the “Website”) through a website interface (hereinafter referred to as the “Website Interface”).

1.2. These Terms and Conditions shall not apply to cases where a person, intending to buy goods from the Seller, is a legal person or a person who, when ordering the goods, acts within the framework of their business activities or in exercise of their independent profession.

1.3. These Terms and Conditions shall form an integral part of the Purchase Agreement. These Terms and Conditions were drafted in Czech and English.

1.4. The Seller may change or amend the wording of the Terms and Conditions. This provision shall be without prejudice to the rights and obligations arising during the effective period of the previous version of the Terms and Conditions.

  1. CONCLUSION OF THE PURCHASE AGREEMENT

2.1. All presentations of the services presented in the web interface of the store are only indicative and the Seller is not obliged to conclude a Purchase Agreement for these services.

2.2. Prices of the services are indicated including VAT and all related fees. Prices remain valid for as long as they are displayed on the shop's web interface. Prices are not adapted to the person of the buyer based on automated decision-making. This provision does not limit the Seller's ability to conclude a Purchase Agreement under individually negotiated terms.

2.3. The Buyer may order services by filling out the order form in the Web Interface of the store. The order form contains, in particular, information about:

2.3.1. ordered service,

2.3.2. the method of payment of the purchase price of the service, data on the required method of performance of the ordered service (hereinafter collectively referred to as " order ").

2.4. Depending on the nature of the Order, the Seller shall always be entitled to ask the Buyer for additional confirmation of the Order (for example, in writing or by telephone).

2.5. The contractual relationship between the Seller and the Buyer arises upon delivery of the order acceptance, which shall be sent by the Seller to the Buyer by e-mail to the Buyer's e-mail address.

2.6. The Buyer agrees with the use of means of distance communication when concluding the Purchase Agreement.

  1. PRICE AND PAYMENT TERMS

3.1. The Buyer may pay to the Seller the price for the services and relevant costs associated with the delivery of the goods under the Purchase Agreement in the following manners:

  • in cash or by credit card at the seller's premises at Masarykovo nábřeží 237/18, 110 00 Prague 1;
  • by cashless transfer to the seller's account indicated on the invoice;
  • cashless using the Comgate payment system;

3.2. In the case of a cashless payment, the Buyer is required to state the variable symbol when paying the purchase price of the goods. In the case of a cashless payment, the Buyer's obligation to pay the purchase price is fulfilled once the relevant amount is credited to the Seller's account.

3.3. Any discounts on the price of goods provided by the Seller to the Buyer cannot be combined.

3.4. The invoice documenting the tax-deductible cost shall be issued by the Seller to the Buyer after the payment of the price of the goods and shall be sent in electronic form to the electronic address of the Buyer.

  1. WITHDRAWAL FROM THE PURCHASE CONTRACT

4.1. The buyer acknowledges that, according to § 1837 of the Civil Code, it is not possible to withdraw from the purchase contract for the supply of services provided according to the buyer's requirements or adapted to his personal needs, among other things.

4.2. In the event of the buyer's withdrawal from the purchase contract regarding the translation or similar language service, the seller has the right to invoice (and the buyer is obliged to pay) already incurred costs in a reasonable amount. In the event that the contract concerns a language course, and the notice of withdrawal is delivered to the seller before the actual start of the course, the buyer undertakes to pay 50% of the course fee. If the buyer withdraws from the contract after the course has started, the seller is entitled to the entire amount of the course fee according to the concluded purchase contract. This provision does not apply in a situation where one of the offered language courses does not open due to not reaching the minimum capacity in accordance with Article 5.2. business conditions. In such a case, the buyer is entitled to a refund of the course fee (or part thereof) already paid in full.

4.3. In the event of withdrawal from the Agreement under Article 4.2 of the Terms and Conditions, the Seller shall return the funds received from the Buyer in the appropriate amount within fourteen (14) days of withdrawal from the Purchase Agreement in the same manner as the Seller accepted it from the Buyer.

  1. PROVISION OF SERVICES

5.1. In the case of language courses, the Seller reserves the right to postpone the announced start or end date of the course by up to 2 weeks, if there is an obstacle on his side that does not allow the start or end of the course on the original dates. However, the seller always undertakes to provide the buyer with the pre-agreed number of lessons, regardless of when the course actually starts.

5.2. The seller reserves the right to cancel the course due to failure to reach the minimum capacity stated on the website. At the same time, he is obliged to inform the buyer about this fact no later than 3 working days before the planned start of the lesson. The seller can offer the buyer an alternative solution, but the exchange fee is fully refundable if both parties cannot agree on an alternative solution.

5.3. In the event that it is not possible to arrange the lesson due to serious reasons (illness of the lecturer, force majeure), the seller has the right to choose an alternative method of arranging the lesson (on another date, in another way - e.g. online). The buyer will be notified of this fact in advance.

  1. WARRANTY CLAIM

6.1. If the buyer is not satisfied with the quality of the ordered services, he is obliged to inform the seller of this fact in writing. The seller undertakes to review the reasons for the complaint and decide on its validity in the shortest possible time, but no later than within three working days.

6.2. On the basis of this review and depending on its findings, the seller is obliged to offer the buyer an adequate alternative solution, e.g. attending another course, transfer to another type of education, etc. If the complaint is evaluated as justified, the buyer is entitled to a refund of a proportional part of the course fee for the not yet completed /lessons unlearned.

6.3. The relevant reasons for the complaint do not include obstacles created by the buyer or force majeure.

6.4. The buyer has the obligation to file a complaint at the time when the situation complained of occurred, no later than within 2 working days. Late claims will not be considered.

  1. PERSONAL DATA PROTECTION

7.1. Your obligation to provide information to the buyer in accordance with Article 13 of Regulation 2016/679 of the European Parliament and of the Council on the protection of natural persons in connection with the processing of personal data and on the free movement of such data and on the repeal of Directive 95/46/EC (General Data Protection Regulation) ( hereinafter referred to as the “GDPR regulation”) related to the processing of the buyer's personal data for the purposes of fulfilling the purchase contract, for the purposes of negotiating the purchase contract and for the purposes of fulfilling the seller's public obligations, the seller fulfills them by means of a special document.

  1. FINAL PROVISIONS

8.1. If a relationship based on a Purchase Agreement contains an international (foreign) element, the parties agree that the relationship is governed by Czech law.

8.2. If any provision of the Terms and Conditions is invalid or ineffective, or if it becomes invalid or ineffective, a provision, the meaning of which is as close as possible to the invalid or ineffective provision, shall be introduced instead of it. The invalidity or ineffectiveness of one provision is without prejudice to the validity of the other provisions.

Prague, 8 March 2024.