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Terms and Conditions

business office: Applause MEDIA Ltd.

Registered office: Pohořelec 154/1, Praha 1 Hradcany, 118 00

ID number: 29412099

registered in the Commercial Register maintained by the Municipal Court in Prague, Section C, File No. 203099

Sales of goods and services through an online store located on the Internet at www.kurzyapplaus.cz

valid from January 1st 2015

 

PRELIMINARY PROVISIONS

1.1 These terms and conditions ("Terms and Conditions") of: Applause MEDIA, Ltd., established: Pohořelec 154/1, Praha 1 Hradcany, 118 00, Identification Number: 29412099, registered in the Commercial Register maintained by the Municipal Court in Prague, section C, Insert 203099 (hereinafter referred to as "Seller") govern in accordance with § 1751 paragraph. 1 of Law no. 89/2012 Coll., the Civil Code (hereinafter the "Civil Code") mutual rights and obligations of the parties arising in connection with or Based on the purchase agreement (the "Purchase Agreement") concluded between the seller and the other a natural person (the "Buyer") through the online store seller. Online store is operated by the seller on the website placed on the website (the "Website"), through a website interface (hereinafter referred to as "Web-based commerce

4th PRICE AND PAYMENT TERMS

1.4 the price of goods and any costs associated with the delivery of goods according to the contract the buyer may pay the seller the following ways:
• 4.1.1. Cash by the seller at the address, 1087, Prague 6, 165 00;
• 4.1.2. Cash on delivery at the place designated by the buyer in the order;
• 4.1.3. Bank transfer to the seller's account No.: 4200379738/6800, driven by the company's Sberbank (the "Seller Account");
• 4.1.4. Through cashless payment system;
• 4.1.5. Cashless payment card;
• 4.1.6. Through a loan provided by a third party.

2.4 Together with the purchase price, the Buyer shall pay the costs associated with packaging and delivery of goods at an agreed rate. Unless expressly stated otherwise, the purchase price includes the costs associated with delivering the goods

3.4 The seller does not require the buyer to pay a deposit or other similar payment. This is without prejudice to the provisions of Art. 4.6 commercial conditions concerning the obligation to pay the purchase price in advance.

4.4 In the case of payment in cash or in the case of payment on delivery, the purchase price is payable upon receipt of goods. In the case of cashless payment, the purchase price is due within 7 days of the purchase contract.

4.5 In the case of cashless payment, the buyer is obliged to pay the purchase price, together with the variable symbol of the payment. In the case of cashless payment by the purchaser to pay the purchase price at the time met the appropriate amount to the account of the seller.

4.6 The seller is entitled, in particular in the event that the Buyer does not for additional confirmation (Art. 3.6); require payment of the full purchase price before sending the goods to the buyer. The provisions of § 2119, paragraph. 1 of the Civil Code shall not apply.

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

4.8 If it is customary in the trade, or if it is so stipulated by generally binding legal regulations issued by the Seller in respect of payments made under a contract buyer tax document - invoice. The seller pays the value added tax. The tax document and invoice is issued by the seller to the buyer after payment of the price of the goods and send it electronically to the buyer's email address

Withdrawal from the contract, compensation (cancellation fees)

1.5 Buyer before the training has the right to withdraw from the contract and refund the price paid or deposit rate without charging any severance

a) if the seller does not accept the proposal to change the training of the purchase contract,

b) if the seller violates its obligations under the purchase agreement or the law.

2.5 It is recommended that notice of withdrawal buyer wrote a form of record in the office of the seller, where the services were purchased or at the following address resignation sent by registered mail, if necessary in another verifiable manner. Effects of withdrawal occur on the day of provable delivery of the withdrawal seller, namely the date of writing the record, if necessary the date of receipt of written notice to the vendor. For service of withdrawal, the provisions of Art. 11 of these Terms and Conditions

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Unless the buyer of a withdrawal from the contract, violation of obligations established by the contract seller or if the seller withdraws from the contract before the start of the training due to breach of duty by the customer, the customer is obliged to pay compensation equal to:

- 30 days before the training begins - 10% of the final cost of the training

- From the 29th day to 21 days before the training begins 30% of the final cost of the training

- From 20 days to 15 days before the training begins 50% of the final cost of the training

- From 14 days to 8 days before the training begins 75% of the final cost of the training

- From 7 days to 3 days before  the training begins 90% of the final cost of the training

- From 2 days before the training begins and where the customer does not enter the training without prior withdrawal or because they did not fulfill the obligation under section 4. Cancels a training on opening day, fail to do the training, or exhausted if the service without prior withdrawal or because they did not fulfill the obligation under section 4, 100% of the final price of the training.

 

4. In case of withdrawal sends the seller paid the price after deduction of eventual severance payments based on credit with a maturity of one month.


5.5 Buyer acknowledges that pursuant to § 1837 of the Civil Code, among other things, can’t withdraw from the contract:

• 5.1.1. The supply of goods whose price depends on fluctuations of financial markets beyond the control of the seller and which may occur during the period for withdrawal,

• 5.1.2. The supply of alcoholic beverages, which can be delivered only after thirty days and whose price depends on fluctuations of financial markets beyond the vendor,

• 5.1.3. The supply of goods that has been modified according to the wishes of the buyer or another person

• 5.1.4. The supply of goods subject to rapid deterioration, as well as goods which had been delivered irrevocably mixed with other goods,

• 5.1.5. The supply of sealed goods which the purchaser has removed from its packaging and hygiene reasons it is not possible to return,

• 5.1.6. The supply of audio or video recordings or computer program, if violated their original packaging,

• 5.1.7. The supply of newspapers, periodicals or magazines,

• 5.1.8. The supply of digital content, if not supplied on a tangible medium and came with the prior express consent of the buyer before the deadline for withdrawal and selling pre-contract buyer said that in this case, has no right to withdraw from the contract.

5.6 In case of withdrawal from the contract pursuant to Art. 5.2 of the purchase contract canceled from the beginning. The goods must be returned to the seller within fourteen (14) days from the withdrawal seller. If the buyer withdraws from the contract, the buyer bears the cost of returning the goods to the seller, even in the case where the goods can’t be returned to their usual character by post 5.7 In case of withdrawal pursuant to Art. 5.2 returns the vendor funds received from the buyer within fourteen (14) days from the withdrawal from the contract the buyer, in the same way as the seller from the buyer received. The seller is also entitled to return performance by the buyer at the time of returning the goods the buyer or otherwise, unless the buyer agrees that the buyer and not incur additional costs. If the buyer withdraws from the contract, the seller is not obliged to return the funds received to the buyer before him purchaser returns goods or demonstrate that the goods the seller sent.

5.8 Entitled to severance payment the seller is entitled to unilaterally set off against the claim of the purchaser to refund the purchase price.

5.9 Until the beginning of the training, the seller may at any time withdraw from the contract. In this case, the seller returns the purchase price, without undue delay, and bank transfer to an account designated by the buyer.

5.10 If with goods provided the buyer a gift, the gift agreement between the seller and the buyer is concluded with a condition subsequent that if there is a withdrawal from the contract buyer loses gift agreement regarding to such gift efficiency and the buyer is required with the goods seller also return provided gift